No. 23-6961

Jacob Smith v. John Henley, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2024-03-11
Status: Denied
Type: IFP
IFP
Tags: burden-of-proof civil-rights constitutional-rights due-process ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct self-representation
Key Terms:
Securities
Latest Conference: 2024-05-09
Question Presented (AI Summary)

Whether the prosecutor improperly shifted the burden of proof by asking the defendant to prove his innocence in front of the jury, which was prejudicial and confusing

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ee DL Tach Smith Alledge The Trial Prosecutor Miclinfactcommit Prosecutovial Misconduct by qnpermiss bly shifting the busdlen oF Prook Arguing Thad Mr Sraith Failect to @ present ovidence. +o prove My Innocence, AFtec Asking Me/Smith) Twice te prove my innocence in front of A Jury, Then Aftegs Smith Oraly Spoke ab out evidence. The Prosecutor stated That doesnt prove your innocence. | By The frosecutot asking The defendant to prove your innocence. in tron of A Jury. Ts this Burden Shifting statements High! improper. Ls this predjudicial. Aad Confusing To A Jury! Was Counsel hetfective For not Objecting ; . eayn freliminory Hearing The Tixcge heniecl me the right to Represent Myself, "Liter in My fost Conviction Heheus Corpus Proceectings. The L&S, ogeare Court Ruled the Grouna& Was unexaustect Retause my lawyer added The Phrose ( Preliminary Heastng is aeritical stage of my ofense. But the Efite Argument Mirrocecl The Origined OF The cauct denied me the. right To fe resent Myselt, forretta V. California, Was IMs Wo tne Pgh <f reptesent Myself, (3) At Smiths Trol for the charge of Open murder, The Prosecurtors Opening Statements fo , โ€˜ยข Based! on Circumstantial Evidence, After Never estanlishi'ng The Sary Tat Ns case, 6 Bae shect fremeditetion or Lying in Wait Was never pfoverA st the Phase of the % instruct'oAs The Prosecutor ins ruc teel The Jury, Theat a can Finck Smith guilty of Alrst hegree Murder Anel Find Premectitation Solely ra n Successive Thoughts of the mind. By Smith Thinking about Rulling . Me. , Pre Moditation Per Byford. Vv. State, Mevaca Has been Warned eee igoet T that tactic Mr Tury instructions. Does this Mistatement of aby lcuw/ fo Stop Using es of murder, Did This instuctian he Durys minds ag to other degfe > Cloucl The Jurys \ โ€˜ otfective for Not Dbjecting S Could a reasonable Surlst Find a lesser degree of Murdec, M 2 NoPre meditation. And a Case based on Circuns taltial eviidenc ese Questions are a Violation of my 5% Gh gm and )HtA Amendment; ~ 4 The Courts ty Grant Me Writ of Certiarary

Docket Entries

2024-05-13
Petition DENIED.
2024-04-24
DISTRIBUTED for Conference of 5/9/2024.
2024-02-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2024)
2023-12-11
Application (23A526) granted by Justice Kagan extending the time to file until February 19, 2024.
2023-11-28
Application (23A526) to extend the time to file a petition for a writ of certiorari from December 21, 2023 to February 19, 2024, submitted to Justice Kagan.

Attorneys

Jacob Smith
Jacob Smith — Petitioner
Jacob Smith — Petitioner