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Chene DeVonne Manley v. Arizona

Paid petition · Court of Appeals of Arizona, Division One, No. 1 CA-CR 15-0741 PRCP · judgment October 26, 2017


Certiorari denied · February 19, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Does the Due Process Clause of the Constitution's Fourteenth Amendment entitle a convicted prisoner serving a natural life sentence to (1) appointment of counsel on a Notice of Post Conviction Relief asserting a claim of newly discovered material evidence directly bearing on a sentencing judge's determination of whether to impose a sentence of natural life vs. life with a possibility of parole for the offense of First Degree Murder,and/or (2) an opportunity to amend, if necessary, the Notice of Post Conviction Relief ("Notice of PCR"), when the newly discovered evidence involves a congenital neurological condition, Chiari Malformation,' with wide-ranging and highly complex effects and the prisoner has no reasonable means of investigating on her own and articulating to the court the full extent of physical, emotional, psychological, and behavioral effects of the newly discovered medical condition? 1 Petitioner's congenital neurological condition is called Chiari Malformation, and was discovered when Petitioner was sent by the Arizona prison medical services provider for an MRI, as a diagnostic tool to investigate possible causes of Petitioner's various symptoms and conditions. Upon learning of the existence of the condition and with the assistance of her family, Petitioner initiated research into Chiari Malformation, its causes, effects, and treatment; and presented the information to the Court as newly discovered material evidence that placed consideration of her personal and criminal history in a completely different light. The result of her admittedly preliminary research was stunning in the scope of the implications arising from the condition.

Counsel of record

For petitioner
Chene DeVonne Manley

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 19 2019
    Petition DENIED.
  2. Jan 23 2019
    DISTRIBUTED for Conference of 2/15/2019.
  3. Sep 30 2018
    Petition for a writ of certiorari filed. (Response due January 7, 2019)