No. 23-7175

Philip Ayala v. Nelson Alves, Superintendent, Massachusetts Correctional Institution at Norfolk

Lower Court: First Circuit
Docketed: 2024-04-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: capital-case criminal-procedure due-process eyewitness-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health-records
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-05-23
Question Presented (AI Summary)

Whether the district court erred in granting habeas relief on the petitioner's claim of ineffective assistance of counsel for failure to obtain mental health records of the sole eyewitness

Question Presented (OCR Extract)

QUESTION PRESENTED When a capital case entirely depends on the testimony of one eyewitness, where there was no physical or forensic evidence to connect the Petitioner to the murder, no relationship between the Petitioner and the victim or the only eyewitness, where the only eyewitness retreated from every aspect of his initial description of the shooter at trial matched the Petitioner, and where the Petitioner was actually innocent, this Court should settle the First Circuit Court of Appeals’s mistaken habeas rulings: The District Court did not err in concluding that the Supreme Judicial Court’s holding that defense counsel would not have used the information in the missing records was unreasonable. The District Court did not err in finding unreasonable the SJC’s conclusions that there was no evidence that suggested Perez’s PTSD or drug use affected his ability to perceive the Petitioner the morning of the shooting. The District Court did not err in finding unreasonable the SJC’s conclusions that the substance contained in the missing records was already presented to the jury. The First Circuit should have affirmed the District Court’s decision allowing habeas relief on the Petitioner’s claim of ineffective assistance of counsel because trial counsel failed to obtain the mental health records of the Commonwealth’s sole percipient witness. 1

Docket Entries

2024-05-28
Petition DENIED.
2024-05-08
DISTRIBUTED for Conference of 5/23/2024.
2024-05-02
Waiver of right of respondent Nelson Alves to respond filed.
2024-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 9, 2024)

Attorneys

Nelson Alves
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent
Philip Ayala
Janet Hetherwick PumphreyLaw Offices of Janet Hetherwick Pumphrey, Petitioner
Janet Hetherwick PumphreyLaw Offices of Janet Hetherwick Pumphrey, Petitioner