No. 24-5606

Marcellus S. Williams v. David Vandergriff, Warden

Lower Court: Eighth Circuit
Docketed: 2024-09-23
Status: Denied
Type: IFP
IFP
Tags: None
Key Terms:
HabeasCorpus Privacy
Latest Conference: N/A
Question Presented (AI Summary)

Question not identified.

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW At a recent proceeding initiated by the county prosecutor who originally sought the death sentence, evidence established that the trial prosecutor did indeed consider race in the exercise of his peremptory challenges. Further evidence that could have supported the allegations of wrongdoing in the form of the voir dire notes could not be presented — they are mysteriously missing from the trial file. As conceded by Respondent below, the recent testimony “contradicts” the trial transcript and now confirms racial animus. No wonder the county prosecutor has conceded that its former agent violated Batson. The following questions are presented: 1. Whether the Buck v. Davis, 580 U.S. 100 (2017) extraordinary circumstances test is satisfied when the County Prosecutor conceded error and recent testimony constitutes admissions from the trial prosecutor that race did play a factor in his exercise of its peremptory challenges? 2. Whether a trial prosecutor may rely on race to strike a juror and misrepresent his true reasons during the trial colloquy? i

Docket Entries

2024-09-24
Petition DENIED.
2024-09-24
Application (24A286) referred to the Court.
2024-09-24
Application (24A286) for stay of execution of sentence of death presented to Justice Kavanaugh and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
2024-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed.
2024-09-23
Application (24A286) for a stay of execution of sentence of death, submitted to Justice Kavanaugh.
2024-09-23
Brief of respondent David Vandergriff in opposition filed.
2024-09-23
Reply of Marcellus Williams submitted.
2024-09-23
Reply of applicant Marcellus Williams filed.
2024-09-23
Reply of petitioner Marcellus Williams filed.

Attorneys

David Vandergriff
Gregory Michael GoodwinMissouri Attorney General's Office, Respondent
Marcellus Williams
Laurence Edward KompFederal PD, Western District of Missouri, , Petitioner