No. 18-5143

Robert Graham v. Melissa Hainsworth, Superintendent, State Correctional Institution at Somerset, et al.

Lower Court: Third Circuit
Docketed: 2018-07-05
Status: Denied
Type: IFP
IFP
Tags: admissibility batson-vs-kentucky criminal-procedure due-process fingerprinting fingerprinting-expert identification identification-testimony preliminary-hearing reliability trial-evidence witness-credibility
Key Terms:
DueProcess Privacy
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Is an in-court identification of the defendant as the robber admissible at trial in the absence of a due process hearing to first determine the reliability of the anticipated identification testimony, especially where the witness nearly a year after the robbery testified under oath at a preliminary hearing that 'I guess not' as to whether she could identify the petitioner as the robber?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED QUESTION ONE: IS AN IN COURT IDENTIFICATION OF THE DEFENDANT AS THE. ROBBER_ADMISSIBLE AT TRIAL IN THE ABSENCE OF A DUE = PROCESS HEARING TO FIRST DETERMINE THE RELIABILITY OF THE ~~ ANTICIPATED IDENTIFICATION TESTIMONY ESPECIALLY WHERE . THE WITNESS NEARLY A YEAR AFTER THE ROBBERY TESTIFIED UNDER OATH AT A PRELIMINARY HEARING THAT “I GUESS NOT”, AS TO WHETHER SHE COULD IDENTIFY PETITIONER AS THE ROBBER? QUESTION TWO: . IS STRIKING THE ONLY BLACK PERSON DURING VOIR DIRE A VIOLATION OF BATSON VERSUS KENTUCKY WHERE THE PROSECUTOR’S STATEMENT THAT HE DID NOT KNOW THE POTENTIAL JUROR WAS BLACK WAS BELIED BY DOCUMENTS HE © HAD IN HIS POSSESSION THAT DETAILED THE JUROR’S HISTORY AS WELL AS THE FACT THAT HE HAD BEEN ACQUITTED OF A CRIMINAL CHARGE? . QUESTION THREE: WAS DUE PROCESS VIOLATED WHEN THE TRIAL COURT DENIED A HEARING TO DETERMINE THE. ADMISSIBILITY OF THE COMMONWEALTH’S FINGERPRINTING EXPERT’S FINDINGS WHICH WHEN REVIEWED BY ONE OF THE COUNTRY’S LEADING EXPERTS DEEMED IT INHERENTLY UNRELIABLE, INCOMPLETE, AND IMPOSSIBLE TO ASSESS THE PROBABILITY IF THE CONCLUSION WAS ACCURATE? —

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-06-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)

Attorneys

Robert Graham
Robert Graham — Petitioner
Robert Graham — Petitioner