No. 22-7672

Marcus D. Winston v. Nebraska

Lower Court: Nebraska
Docketed: 2023-05-31
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fair-trial prosecutorial-misconduct racial-rhetoric
Key Terms:
DueProcess Jurisdiction
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether the Nebraska Court of Appeals has decided an important question of federal law that has not been, but should be, settled by the United States Supreme Court or has decided an important federal question in a way that conflicts with relevant decisions of the United States Supreme Court in respect to racist prosecutorial rhetoric at trial in violation of petitioner's rights to a fair trial and due process under the 5th, 6th, and 14th Amendments to the United States Constitution

Question Presented (OCR Extract)

QUESTION PRESENTED The Nebraska Supreme Court denied a petition for further review of the decision of the Nebraska Court Appeals which affirmed convictions and sentences of consecutive terms of 19 to 20 years’ imprisonment for manslaughter and 20 to 30 years’ imprisonment, with a five year mandatory minimum, for use of a firearm to commit a felony. The question presented is: lL. Whether the Nebraska Court of Appeals has decided an important question of federal law that has not been, but should be, settled by the United States Supreme Court or has decided an important federal question in a way that conflicts with relevant decisions of the United States Supreme Court in respect to racist prosecutorial rhetoric at trial in violation of petitioner’s rights to a fair trial and due process under the 5" 6", and 14" Amendments to the United States Constitution, i = z = n o ss zz = = > oO QO ESS 3 =. Soot 2 > oo oe 8 = “ZH ec > on 2 8 fae sal co ao DP ° < g Z & io

Docket Entries

2023-10-02
Petition DENIED.
2023-07-13
DISTRIBUTED for Conference of 9/26/2023.
2023-05-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 30, 2023)

Attorneys

Marcus Winston
Jeffery Andrew Pickens — Petitioner
State of Nebraska
Eric James HamiltonOffice of the Attorney General of Nebraska, Respondent