No. 18-6872
Seifullah Abdul-Salaam v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al.
Response WaivedIFP
Tags: aedpa brady-rule brady-v-maryland brady-violation certificate-of-appealability due-process exculpatory-evidence exhaustion-of-remedies habeas-corpus habeas-corpus-review litigation-conduct nonexhaustion-defense state-post-conviction suppression-of-evidence
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference:
2019-01-04
Question Presented (AI Summary)
Can a nonexhaustion defense be deemed expressly waived based on a party's litigation conduct?
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1. Post-AEDPA, can a nonexhaustion defense be deemed expressly waived based on a party’s litigation conduct, where the Commonwealth suppressed arguably exculpatory, material evidence at trial and throughout initial state post-conviction proceedings? 2. Did the Court of Appeals for the Third Circuit err in denying a certificate of appealability, where the state court’s decision was at least debatably an unreasonable application of this Court’s Brady jurisprudence? i
Docket Entries
2019-01-07
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-12-06
Waiver of right of respondents John E. Wetzel, et al. to respond filed.
2018-10-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 31, 2018)
Attorneys
John E. Wetzel, et al.
Seifullah Abdul-Salaam
David Lee Zuckerman — Federal Community Defender Office, Petitioner
David Lee Zuckerman — Federal Community Defender Office, Petitioner