No. 23-6060

John Lacey Mulkey v. Georgia

Lower Court: Georgia
Docketed: 2023-11-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation confrontation-clause criminal-procedure due-process evidence extrinsic-evidence right-to-present-defense rule-403 sixth-amendment speedy-trial
Key Terms:
DueProcess
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Did the Court of Appeals violate the due process right to present a defense, in holding admissible, under O.C.G.A. § 24-4-403, (Rule403) extrinsic evidence from a prior sexual assault case that was dismissed by a separate trial judge for a Sixth Amendment violation of the Speedy Trial Clause?

Question Presented (OCR Extract)

question presented is: 1. Did the Court of Appeals violate the due process right to present a defense, in holding admissible, under O.C.G.A. § 24-4-403, (Rule403) extrinsic evidence from a prior sexual assault case that was dismissed by a separate trial judge for a Sixth Amendment violation of the Speedy Trial Clause? i . RELATED CASES : Mulkey v. State of Georgia, No. $23C0581, Georgia Supreme Court denying review judgment entered August 21, 2023. [App. C] Mulkey v. State of Georgia, No. A22A1452, Georgia Court of Appeals affirming Petitioner's conviction, judgement entered January 17, 2023. [App A] State of Georgia v. Mulkey, No. 18CR00183, Douglas County Georgia Superior Court denying Petitioner's Motion for New Trial judgment entered March 1, 2022. [App B] State of Georgia v. Mulkey, No. 2012-SU-CR-1468-DS, Bartow County Georgia Superior Court order granting Petitioner's Plea in Bar on Sixth Amendment Speedy Trial, judgement entered February 18, 2013. [App. E] : ii :

Docket Entries

2024-01-08
Petition DENIED.
2023-12-14
DISTRIBUTED for Conference of 1/5/2024.
2023-12-07
Waiver of right of respondent Georgia to respond filed.
2023-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2023)

Attorneys

Georgia
Stephen John PetranyGeorgia Department of Law, Respondent
Stephen John PetranyGeorgia Department of Law, Respondent
John L. Mulkey
John L. Mulkey — Petitioner
John L. Mulkey — Petitioner