No. 18-8535

Daniel Arthur Heleva v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al.

Lower Court: Third Circuit
Docketed: 2019-03-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion constitutional-rights criminal-procedure defendant-representation due-process-violation ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal judicial-waiver jurisdiction prosecutorial-effectiveness prosecutorial-misconduct prosecutorial-overreach right-to-counsel trial-court-discretion waiver-of-constitutional-rights waiver-of-rights
Key Terms:
DueProcess CriminalProcedure HabeasCorpus Punishment Securities Privacy JusticiabilityDoctri
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Whether state statutes provide pre-trial remedies for prosecutorial overreaching by interlocutory appeal, and whether defense counsel's failure to perfect that appeal constitutes ineffective assistance

Question Presented (from Petition)

QUESTIONS FOR REVIEW WHERE STATE STATUTES PROVIDE PRE-TRIAL aevoed FOR PROSECUTORIAL : OVERREACHING BY INTERLOCUTORY. APPEAL, DOES DEFENSE COUNSEL'S FAILURE TO PERFECT THAT APPEAL CONSTITUTE INEFFECTIVENESS UNDER WHEN A TRIAL COURT IS INFORMED AND AWARE THAT A DEFENDANT IS NO . _ LONGER REPRESENTED BY COUNSEL: IS DISCRETION ABUSED AT ACCEPTING A ; WAIVER OF CONSTITUTIONAL RIGHTS FROM THAT COUNSEL WHICH CONFERS JURISDICTION BEYOND ITS LEGISLATIVE POWER, WITHOUT JUSTIFIABLE CAUSE, . NOTICE TO THE DEFENDANT, OR COLLOQUY ? | ANSWER: YES, DISCRETION IS ABUSED.

Docket Entries

2019-07-15
Rehearing DENIED.
2019-06-20
DISTRIBUTED.
2019-06-06
Petition for Rehearing filed.
2019-05-13
Petition DENIED.
2019-04-18
DISTRIBUTED for Conference of 5/9/2019.
2019-04-14
Waiver of right of respondents Michael Clark, Superintendent State Correctional Institution at Albion, et al. to respond filed.
2019-01-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2019)

Attorneys

Daniel Arthur Heleva
Daniel Arthur Heleva — Petitioner
Daniel Arthur Heleva — Petitioner
Michael Clark, Superintendent State Correctional Institution at Albion, et al.
Mark S. MatthewMonroe County District Attorney's Office, Respondent
Mark S. MatthewMonroe County District Attorney's Office, Respondent