No. 18-8296

Keith Alexander v. Robert Gilmore, Superintendent, State Correctional Institution at Greene

Lower Court: Third Circuit
Docketed: 2019-03-06
Status: Denied
Type: IFP
IFP
Tags: actual-innocence brady-violation certificate-of-appealability civil-rights constitutional-violation due-process habeas-corpus newly-discovered-evidence pro-se-petition reasonable-doubt standing third-circuit-review
Key Terms:
SocialSecurity Securities
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Whether the Third Circuit was in error in not issuing a Certificate of Appealability on the merits of Pro Se petitioner's arguments

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1) Whether the Third Circuit was in error in not issuing a Certificate of Appealability on the merits of Pro Se petitioner's arguments. Specifically, whether there was a Constitutional violation that would . qualify petitioner's claim of actual innocence. (2) Whether petitioner has met his burden established in McQuiggan v. Perkins, 569.U.S. 2013, in as much as petitioner has established that a Constitutional violation occurred, namely a Brady violation, as it relates to discoverable material that the Commonwealth's attorney failed to turn over during the course of petitioner's first trial. This being a prerequisite to a claim of actual innocence. (3) Whether in denying ta issue a COA the Third Cireuit Court of Appeals created a harmful error that puts petitioner out of court on unresolved Claims that were not addressed. Specifically, whether petitioner's newly discovered Brady material, when taken in. the light most favorable, would have led a reasonable fact-finder to have reasonable doubt in the verdict of petitioner's trial.

Docket Entries

2019-07-15
Rehearing DENIED.
2019-06-20
DISTRIBUTED.
2019-05-20
Petition for Rehearing filed.
2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-02-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 5, 2019)

Attorneys

Keith Alexander
Keith Alexander — Petitioner
Keith Alexander — Petitioner