No. 18-8651

Robert Butrim v. Steven Johnson, Administrator, New Jersey State Prison, et al.

Lower Court: Third Circuit
Docketed: 2019-04-01
Status: Denied
Type: IFP
IFP
Tags: actual-innocence due-process eighth-amendment fair-trial habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct strickland-standard strickland-v-washington sufficiency-of-evidence sufficiency-of-the-evidence
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2019-05-30
Question Presented (AI Summary)

Whether the District Court's failure to address all the issues presented in the Habeas Corpus Petition deprived the Movant of a full review by the Circuit Court of all the issues

Question Presented (OCR Extract)

QUESTIONS PRESENTED Mr. Butrim make leave to appeal the following issues: 1) Whether the District Court's failure to address all the issues presented in the Habeas Corpus Petition deprived the Movant of a full review by the Circuit Court of all the issues 2) Whether the Circuit Court's conclusion that the State Court : determination of Appellant's Claim that Counsel was . ineffective in not properly advising him of his right to testify was not contrary to nor an unreasonable application of Strickland v. Washington, 466 U.S. 668 (1984)? , 3) Whether the District Court decision with respect to the multiple ineffective assistance of counsel claims under Claim XIV was unreasonable and/or contrary to establish federal law. . : 4) Whether the District Court applied the correct federal law for the actual innocence ground and whether the District Court erred in its decision (1) Whether the District Court's decision on Petitioner's Actual Innocence Ground unreasonable and/or contrary to establish federal law (2) Whether the Petitioner has shown that he is factually, actually, and scientifically innocent of the crimes and whether the District Court erred in stating that the Ground is more akin to a sufficieny of the evidence test. 5) Whether the District Court erred in agreeing with the State Court that defense counsel's failure to call Petitioner's biological daughter was not an unreasonable application of Strickland 7) Whether the Petitioner had proved that there was "insufficient evidence" to convict him of sexual assault against T.H. and L.H. and whether the District Court erred in relying solely on the State Court last reasoned opinion? 8) Whether the Detectives' impermissible opinion on Petitioner's Guilt at trial were proper and whether the District Court erred in stating it did not violate Petitioners' Federal Rights to a fair trial? : 9) Whether the Prosecutor committed misconduct by shifting the ; burden of proof to Petitioner and whether the District Court erred in affirming the State Court's last reasoned decision. 10) Whether the sentence imposed upon Petitioner "cruel and unusual" under the Eighth Amendment? 11) Whether the Petitioner was subjected to Ineffective Assistance of Trial Counsel by .calling two officers as witnesses who did not help but rather hurt the defense and whether the District Court erred in affirming the State Court's decision : 12) Whether Petitioner's Federal Rights were violated by the Prosecutor's eliciting testimony showing that Petitioner's wife refused to cooperate with Authorities and making ‘' improper statements during summations.

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-03-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 1, 2019)

Attorneys

Robert Butrim
Robert Butrim — Petitioner