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Lamar McKnight v. Josie Gastelo, Warden

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 19-56429 · judgment March 4, 2021


Certiorari denied · October 4, 2021

Question presented

I. Should a COA Have Been Granted to Decide If the Trial Court’s Admission of the Gang Expert’s Testimonial Hearsay Deprived McKnight of His Right to Confront and Cross Examine Witnesses? II. Should a COA Have Been Granted to Decide If the Trial Court Violated McKnight’s Right to Due Process and a Fair Trial by Allowing the Gang Expert to Opine that McKnight Acted in Conformity with Gang Members’ Character Traits? III. Should a COA Have Been Granted to Decide If the Trial Court Violated McKnight’s Right to Due Process and a Fair Trial by Issuing a Jury Instruction that Allowed the Jury to Convict McKnight on a Natural and Probable Consequences Theory? IV. Should a COA Have Been Granted to Decide If the Prosecution Failed to Present Substantial Evidence to Prove the “Primary Activities” Element of the Gang Enhancement and the Gang Special Circumstances?

Counsel of record

For petitioner
Rose Fay Arfa
Fay Arfa, A Law Corporation

For respondent
Herbert S. Tetef
Attorney Gene. of California

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jun 24 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jun 22 2021
    Waiver of right of respondent Josie Gastelo, Warden to respond filed.
  4. May 12 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2021)