No. 18-7021

Juan Thomas v. Steven Johnson, Administrator, New Jersey State Prison, et al.

Lower Court: Third Circuit
Docketed: 2018-12-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: admissibility-of-evidence due-process eighth-amendment equitable-tolling fair-trial ineffective-assistance ineffective-assistance-of-counsel jury-charge martinez-v-ryan notice-of-appeal public-defender
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2019-01-11
Question Presented (AI Summary)

Whether the Circuit Court erred in failing to appropriately consider the 'Equitable Tolling' in conjunction with Ineffective Assistance of the Public Defender's Office

Question Presented (OCR Extract)

QUESTIONS PRESENTED Mr. Thomas make leave to appeal the following issues: 1) Whether the Circuit Court erred in failing to appropriately | consider the “Equitable Tolling" in conjunction with . Ineffective Assistance of the Public Défender's Office in ; Failing to Timely File a Notice of: Appeal on Behalf of Petitioner? : 2) Whether the District Court erred in failing to apply "Equitable Tolling" between November 2008 and June 2010 and : . only applying it from June 2010 to March 2012. 3) Whether the "Equitable Tolling" applies when petitioner is considered legally blind and must depend on. others for assistance, including the Public Defender's Office. . 9) Whether. the sentence imposed violated the Eighth Amendment? © 5) ‘Whether the District Court's resolution of the jury charge was in error? : 6) Whether the District Court erred by stating that the "prosecutor's summation did not warrant relief under federal law." . 7) Whether the District Court erred by stating that Petitioner : received a fair trial and that the evidence was admissible 8) Whether the "admissibility of prior convictions and drug use" so tainted the jury as to render the trial unfair 9) Whether the District Court erred in stating that Petitioner . ; received effective assistance of counsel : 10) Whether the Petitioner's “reliance on Martinez v. Ryan , established cause for default of his ineffective assistance ef trial counsel and whether the District Court erred by stating it didn't apply because the state court reviewed the . claim and found it procedurally barred /

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-20
Waiver of right of respondents Johnson, Adm'r, NJ, et al. to respond filed.
2018-11-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2019)

Attorneys

Johnson, Adm'r, NJ, et al.
Linda Anne ShashouaOffice of the Camden County Prosecutor, Respondent
Juan Thomas
Juan Thomas — Petitioner