No. 22-7828

John C. Russell v. Patrick Covello, Warden

Lower Court: Ninth Circuit
Docketed: 2023-06-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: dna-evidence due-process evidence-admissibility generally-accepted novel-methodology pre-trial-hearing reliability scientific-methodology scientific-reliability
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Did the trial court violate petitioner's right to due process when it admitted DNA evidence based on a novel methodology without conducting a pre-trial hearing to determine whether the evidence was reliable and generally accepted in the scientific community?

Question Presented (OCR Extract)

question presented for review is: Did the trial court violate petitioner’s right to due process when it admitted DNA evidence based on a novel methodology without conducting a pre-trial hearing to determine whether the evidence was reliable and generally accepted in the scientific community? 2. The trial court excluded most of the evidence petitioner sought to present that pointed to the victim’s intimate partner as the person who murdered her. The question presented for review is: What is the scope of a trial court’s authority to exclude defense evidence that points to another person as the perpetrator of the charged crimes?

Docket Entries

2023-10-02
Petition DENIED.
2023-07-20
DISTRIBUTED for Conference of 9/26/2023.
2023-07-13
Waiver of right of respondent Patrick Covello to respond filed.
2023-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 21, 2023)

Attorneys

John C. Russell
Stephanie AdraktasLaw Office of Stephanie Ardraktas, Petitioner
Stephanie AdraktasLaw Office of Stephanie Ardraktas, Petitioner
Patrick Covello
Ana Rosa DuarteCalifornia Attorney General's Office, Respondent
Ana Rosa DuarteCalifornia Attorney General's Office, Respondent