No. 18-8276

Derek Sample v. Steven Johnson, Administrator, New Jersey State Prison

Lower Court: Third Circuit
Docketed: 2019-03-06
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability constitutional-violations criminal-procedure due-process due-process,fair-trial,impartial-jury,lesser-inclu fair-trial impartial-jury ineffective-assistance-of-counsel jury-instructions lesser-included-offense right-to-be-present trial-rights
Key Terms:
DueProcess CriminalProcedure HabeasCorpus
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that the State Court Violated the United States Supreme Court Ruling in Duncan v. Louisiana, Lewis v. United States and Illinois v. Allen in Failing to Protect Petitioner's Right to be Present at All Critical Phases of His Trial. 2.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that the State Court Violated His Constitutional Rights to a Fair Trial by an Impartial Jury by the Admission of Inflammatory and Unduly : Prejudicial Evidence. 3.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that .the Trial's Judge Failure to Instruct the Jury on Reckless Manslaughter as a Lesser-Included Offense of Murder, and Failure to Instruct the Jury on Theft as a Lesser-Included: Offense to Robbery was Plain Error. 4.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that the Trial Counsel's Failure to Object to Evidence of Prior Wrongs ; Violated His Right to Effective Assistance of Counsel. , . LD ° di

Docket Entries

2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-02-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 5, 2019)

Attorneys

Derek Sample
Derek Sample — Petitioner
Derek Sample — Petitioner