No. 23-6072

James Richards v. United States

Lower Court: Eighth Circuit
Docketed: 2023-11-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation-clause constitutional-rights crawford-v-washington crawford-violation criminal-procedure evidence ineffective-assistance ineffective-assistance-of-counsel sixth-amendment testimonial-evidence
Key Terms:
HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether the admission of a deceased witness's testimonial video statement violated the Sixth Amendment Confrontation Clause, despite defense counsel's failure to object at trial

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ‘ I ask that this Court review the Retitioner's Trial Court Transcript Record on April 21, 2021, and all appeals. Counsel Arkie Byrd was so ineffective for failing to properlv argue & preserve, and prevent the testimonial video of a deceased witness. It was used in this matter, but is barred under Crawford 'v. Washington, 541 US 36, 50-51, 124 8.ct. 1354, 158 L Ed 24 177 (2004). : ‘The Crawford violation arose only at trial, and only after ~~ District Court Judge James M. Moody Jr. allowed the testimonial .video statement of the deceased witness Boyd. During Trial, the Defense Counsel Arkie Bryd made no objection or complaint on the Trial Court Transcript Record of this Constitutional violation. The admission of this video as evidence is a violation of my Sixth _ Amendment Confrontation clause. See attatched sheets in support of Constitutional violations by Counsel Arkie Byrd and Judge James ~ : Moody Jr. The United States Court of Appeals for the Eighth Circut, Case No. 21-3344, Order opinion filed June 14,2023, page 15,

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-11-30
Waiver of right of respondent United States to respond filed.
2023-11-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2023)

Attorneys

James Richards
James Richards — Petitioner
James Richards — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent