No. 22-7641

Carl Dean Wyatt, Jr. v. Steven Harpe, Director, Oklahoma Department of Corrections

Lower Court: Tenth Circuit
Docketed: 2023-05-25
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure discovery dna-testing due-process ineffective-assistance plea-bargaining post-conviction-relief prosecutorial-misconduct witness-testimony
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Is it proper for the prosecution to withhold the fact that a deal has been made with the witness for their testimony against a defendant

Question Presented (OCR Extract)

QUESTION(s) PRESENTED #1. Is it proper for the prosecution to withhold the fact that a deal has been made with the witness for their testimony against a defendant. (PROPOSITION IV) SEE EXHIBIT A , #2. Why wasn't relief granted to Petitioner after the DNA results were released by the OSBI? (SEE DNA TESTING RESULTS FROM SENIOR CRIMINALIST ANTJE STAMBAUGH AT THE OSBD #3, Was it a denial of due process and a denial of fundamental right to prove actual innocence when Judicial Order was ignored that would have provided further evidence that Petitioner is in fact actually innocent of any crime claimed by the State. (SEE JUDGE JONES DNA TESTING ORDER EXHIBIT C) #4. Would it be considered ineffective assistance of counsel that Petitioner's Appellate | Counsel failed to file a Motion To Compel the State to have the co-defendants tested? Compelling the State to follow the order issued by the original Judge who ordered DNA Testing. | #5. Was it error for the Oklahoma Court of Appeals to not follow, or enforce the law under the 2013 Post-Conviction DNA Act? #6. Petitioner's trial counsel Wayne M. Fournerat has been disbarred from the practice of law in the state of Oklahoma. Due to it was clear (according to Judge Twyla Gray) that Fournerat did not know the law. Petitioner went on trial four weeks before Glossip. How . could he know the law in Petitioner's case and not know the law in Glossip? . y/ N, 22 § 1373.5. Powers of Court When Testing Results are Favorable to Petitioner Orders When Results Are Favorable | A. If the results of the forensic DNA testing conducted under the provisions of this | act are favorable to the petitioner, the court shall schedule a hearing to determine | the appropriate relief to be granted. Based on the results of the testing and any other | evidence presented at the hearing, the court shall thereafter enter any order that serves the interests of justice including, but not limited to, any of the following: 1. An order setting aside or vacating the judgment of conviction, judgment of not guilty by reason of mental disease or defect or adjudication of delinquency; | 2. An order granting the petitioner a new trial or fact-finding hearing; : 3. An order granting the petitioner a new commitment hearing or : dispositional hearing; | 4. An order discharging the petitioner from custody; | 5, An order specifying the disposition of any evidence that remains after the | completion of the testing; . 6. An order granting the petitioner additional discovery on matters related to the DNA test results on the conviction or sentence under scrutiny including, but not limited | to, documents pertaining to the original criminal investigation or the identities of other suspects; or , ; 7. An order directing the state to place any unidentified DNA profile or profiles obtained from post conviction DNA testing into Oklahoma or federal databases as allowed within applicable state and federal laws. On January 13, 2017 Petitioner filed a Post Conviction under the 2013 Post Conviction DNA Act. The Honorable Judge Glenn Jones appointed Petitioner counsel tentatively and ordered A Hearing For The Motion For DNA Testing filed by Petitioner on November 17, 2017. The Hearing was held January 29, 2018. The court found sufficient reason to Order DNA Testing over the objection of the State of Oklahoma. Judge Jones | found a reasonable probability that Petitioner would not have been convicted if favorable results had been obtained through DNA testing at the time of the original prosecution. 22 § 1373.4. On January 29, 2018 during the DNA Hearing the trial Judge asked questions of the State before’ issuing his ruling on whether to grant DNA testing. 1. Judge Jones: Does the State have an eye witnesses that can place the defendant at the scene? 2. The State of Oklahoma: Yes. . 3. Judge Jones: Who? 4. The State of Oklahoma: McClendon. 5. Judge Jones: Besides McClendon the guy who was picked out of line up as the , perpetrator. : 6. The State of Ok

Docket Entries

2023-10-02
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2023-07-06
DISTRIBUTED for Conference of 9/26/2023.
2023-05-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 26, 2023)

Attorneys

Carl Dean Wyatt
Carl Dean Wyatt Jr. — Petitioner
Carl Dean Wyatt Jr. — Petitioner