No. 18-1551

Joseph Q. Mirarchi v. Office of Disciplinary Counsel

Lower Court: Pennsylvania
Docketed: 2019-06-19
Status: Denied
Type: Paid
Response Waived
Tags: attorney-disbarment constitutional-rights disbarment due-process due-process-clause effective-assistance-of-counsel expert-witness-testimony fourteenth-amendment ineffective-assistance-of-counsel medical-evidence mitigation-evidence neuropsychological-evidence sixth-amendment
Key Terms:
ERISA SocialSecurity DueProcess FifthAmendment EmploymentDiscrimina JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the state supreme court order for attorney disbarment is inconsistent with the standards set forth in Selling v. Radford and In re Ruffalo, and is violative of U.S. Const. AMENDS. V, VI & XIV; and Pa. Const., art. I, § 9, cl. 1

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the state supreme court order for attorney disbarment is inconsistent with the standards set forth in Selling v. Radford, 248 U.S. 46, 50-51 (1917), and In re Ruffalo, 390 U.S. 544, 550 (1968), and is violative of U.S. Const. AMENDS. V, VI & XIV; and Pa. ConstT., art. I, § 9, cl. 1, as the court allowed the ineffective assistance of Petitioner’s trial counsel to preclude the admission of relevant, material mitigation evidence of his Medical and Neuropsychological Expert Witness Reports—despite the state declaring that it would not be prejudiced by its admission—thereby depriving Petitioner of his constitutional rights to Due Process and effective assistance of counsel.

Docket Entries

2019-10-07
Petition DENIED.
2019-09-26
Supplemental brief of petitioner Joseph Q. Mirarchi filed. (Distributed)
2019-07-17
DISTRIBUTED for Conference of 10/1/2019.
2019-06-24
Waiver of right of respondent Office of Diciplinary Counsel to respond filed.
2019-06-17
Petition for a writ of certiorari filed. (Response due July 19, 2019)

Attorneys

Joseph Q. Mirarchi
Joseph Quinto MirarchiMirarchi Legal Services, P.C., Petitioner
Office of Diciplinary Counsel
Richard HernandezOffice of Disciplinary Counsel, Respondent