Missouri, ex rel. Jeffrey Weinhaus v. Richard Adams, Warden
DueProcess HabeasCorpus JusticiabilityDoctri
Where State law entitles a prisoner to habeas corpus review of a Constitutional claim upon a showing of cause and prejudice, does the summary denial of a facially valid petition violate due process of law?
A Missouri State Trooper shot Petitioner in the head, chest and neck, claiming that he saw Petitioner reach for a holstered legally carried gun. Although the trooper had been diagnosed with Post Traumatic Stress Disorder years before the shooting, he concealed his condition when asked relevant questions in a pretrial deposition. In fact, he was suspended and eventually terminated after failing multiple fitness -for-duty evaluations before Mr. Weinhaus’ trial. This remained concealed from Petitioner until, after Mr. Weinhaus’ appeal and postconviction mot ions were denied, the Missouri Court of Appeals published an opinion affirming the denial of the former trooper’s lawsuit against the Missouri State Highway for failing to accommodate his PTSD -related disability that prevented him from accurately perceiving threats . This petition presents the following question: 1. Where State law entitles a prisoner to habeas corpus review of a Constitutional claim upon a showing of cause and prejudice, does the summary denial of a facially valid petition violate due process of law?