No. 18-9795

Gregory A. Barto v. Mark Garmon, Superintendent, State Correctional Institution at Rockview, et al.

Lower Court: Third Circuit
Docketed: 2019-06-25
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability cross-examination due-process effective-cross-examination evidence-tampering habeas-corpus procedural-default prosecutorial-misconduct sixth-amendment state-court-review sufficiency-of-evidence
Key Terms:
AdministrativeLaw Immigration
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the court of appeals decision to deny a COA concluding that petitioner sufficiency of evidence claim was procedurally defaulted based on state court's erroneous facts was correct?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED .. . WHETHER THE COURT OF APPEALS DECISION TO DENY A COA CONCLUDING : THAT PETITIONER SUFFICEINCY OF. EVIDENCE CLAIM WAS PROCEDURALLY ; . ‘DEFAULTED BASED ON STATE COURT'S ERRONEOUS FACTS WAS CORRECT? WHETHER PETITIONER WAS. DENIED HIS RIGHT TO EFFECTIVE CROSS— EXAMINATION UNDER THE SIXTH AMENDMENT WHEN THE STATE FAILED TO. : DISCLOSE THAT AN ARRESTING STATE TROOPER WAS BEING INVESTIGATED ‘ ; FOR SEXUAL ACTS CONDUCTED ON A COMPUTER DURING PETITIONER'S Do -. TRIAL, WHICH AFTER THE STATE TROOPERS ARREST TAMPERED EVIDENCE. — . FROM . PETITIONER'S CASE WAS FOUND IN THE < STATE TROOPER'S ie RESIDENCE? Lo . oS oe ; "

Docket Entries

2019-10-07
Petition DENIED.
2019-08-08
DISTRIBUTED for Conference of 10/1/2019.
2019-06-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 25, 2019)

Attorneys

Gregory A. Barto
Gregory A. Barto — Petitioner
Gregory A. Barto — Petitioner