No. 18-5704

Robert Austin v. District Attorney of Philadelphia County, Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2018-08-22
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 14th-amendment 6th-amendment due-process habeas-corpus ineffective-assistance-of-counsel miscarriage-of-justice rule-60b6-motion
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-03-01 (distributed 2 times)
Question Presented (AI Summary)

Does the district court commit error in denying a Rule 60(b)(6) motion for not showing a constitutional violation when the unreasonable determination of the facts by the trial court on post-sentencing motions to affirm this verdict uses evidence that is contrary to the record establishing the denial of the inalienable constitutional right to due process and proof beyond a reasonable doubt under the 14th Amendment?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. DOES THE DISTRICT COURT COMMIT ERROR IN DENYING A RULE 60(b)(6) MOTION FOR NOT SHOWING A’ CONSTITUTIONAL VIOLATION WHEN THE UNREASONABLE DETERMINATION OF THE FACTS BY THE TRIAL COURT ON POST-SENTENCING MOTIONS TO AFFIRM THIS VERDICT USES EVIDENCE THAT IS CONTRARY TO THE RECORD ESTABLISHING THE DENIAL OF THE INALIENABLE CONSTITUTIONAL RIGHT TO DUE PROCESS AND PROOF BEYOND A REASONABLE DOUBT UNDER THE 147 AMENDMENT? 2. DOES THIS COURT’S DECISION IN BUCK V. DAVIS ALLOW RULE 60(b)(6) RELIEF WHERE POST-CONVICTION COUNSEL WAS BLATANTLY INEFFECTIVE FOR FAILING TO RAISE THE INEFFECTINESS OF DIRECT APPEAL COUNSEL’S NOT RAISING, THE UNREASONABLE FINDINGS OF FACTS MADE BY THE TRIAL COURT THAT RESULTED IN A MISCARRIAGE OF JUSTICE, SHOWING A CLEAR VIOLATION OF THE 6" AMENDMENT RIGHT TO COUNSEL ON DIRECT APPEAL? : 3. DOES THE TRIAL COURT’S UNREASONABLE DETERMINATION OF THE FACTS ON POST-SENTENCING MOTIONS THAT AFFIRMED THIS UNRELIABLE VERDICT VIOLATE THE FOURTEENTH AMENDMENT OF THE CONSTITUTION RIGHT TO DUE PROCESS QUALIFY AS EXTRAORDINARY TO PROCEED ON HABEAS CORPUS REVIEW THROUGH THE GATEWAY EXCEPTION OF A MISCARRIAGE OF JUSTICE? i

Docket Entries

2019-03-04
Rehearing DENIED. Justice Alito took no part in the consideration or decision of this petition.
2019-02-13
DISTRIBUTED for Conference of 3/1/2019.
2019-02-07
Petition for Rehearing filed.
2018-10-09
Petition DENIED. Justice Alito and Justice Kavanaugh took no part in the consideration or decision of this petition.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-09-13
Waiver of right of respondents Dist. Att'y of Philadelphia Cty., et al. to respond filed.
2018-06-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2018)

Attorneys

Dist. Att'y of Philadelphia Cty., et al.
Nancy WinkelmanDistrict Attorney's Office, Respondent
Nancy WinkelmanDistrict Attorney's Office, Respondent
Robert Austin
Robert Austin — Petitioner
Robert Austin — Petitioner