No. 18-6631

David Hollenback, Jr. v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al.

Lower Court: Third Circuit
Docketed: 2018-11-08
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability civil-rights constitutional-rights due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel jurisdiction miscarriage-of-justice state-conviction state-court-jurisdiction
Key Terms:
Takings HabeasCorpus Securities Privacy
Latest Conference: 2019-01-11
Question Presented (AI Summary)

Did the Third Circuit Court of Appeals commit error by denying the petitioner a Certificate of Appealability

Question Presented (OCR Extract)

QUESTIONS PRESENTED i (1) Did the Third Circuit Court of Appeals commit error by denying the petitioner a Certificate of Appealability, regarding the United States Middle District Court of Pennsylvania adverse decision in denying the petitioner's Writ of Habeas Corpus as a i whole? (2) Did the United States Middle District Court of Pennsylvania commit error by denying the petitioner's Writ of Habeas Corpus petitioner when it was abundantly crystal clear that the petitioner was unlawfully convicted by a State Court lacking jurisdiction; that the petitioner was illegally sentenced; that his defense counsel had virtually abandoned petitioner; and that his defense counsel had deliberately stipulated into : evidence, in absence of petitioner's knowledge and consent, the most damning : evidence of which, in fact, did convict petitioner in violation of petitioner's civil rights i _ guaranteed by the 5", 6'", 8 and 14'" Amendments to the Unites Dates Constitution? : (3) Should this entire case be remanded back to the Trial Court for re-trial? (4) Can a State conviction stand as lawful and binding, where the convicted never entered a plea to any crime, prior to commencement of proceeding/trial? : (5) Can a State conviction stand as lawful and binding, where counsel entered upon a i stipulation as to guilt, without defendant being aware of the consequences of what was : transpiring, especially since it was his first involvement, or court action, as a defendant, : in his entire life? (6) Can a State conviction stand as lawful and binding where the State’s Supreme | Court misapplied federal law, under the inevitable discovery doctrine, when the : informant in this case was in fact acting as an agent of the State? : (7) Can a Habeas petition be time-barred prior to any court’s determination that a ‘ foundational error had taken place constituting a miscarriage of justice? i (8) Can a State conviction stand as lawful and binding, when a clear miscarriage of i justice has occurred? : i i i ¥

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2018)

Attorneys

David Hollenback
David Hollenback Jr. — Petitioner
David Hollenback Jr. — Petitioner