No. 19-1474

Tyler Herndon v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2020-07-08
Status: Denied
Type: Paid
Response Waived
Tags: collateral-order-doctrine criminal-procedure due-process habeas-corpus habeas-corpus-relief hearsay-evidence right-to-counsel sixth-amendment
Key Terms:
DueProcess FifthAmendment HabeasCorpus CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the Pennsylvania Supreme Court's refusal to review the Trial Court's Denial Order on a Petition for Habeas Corpus Relief, in a case where adjudication was based solely on hearsay evidence, is immediately appealable to the United States Supreme Court under the Collateral Order Doctrine

Question Presented (OCR Extract)

QUESTIONS PRESENTED A. Whether the Pennsylvania Supreme Court’s refusal to review the Trial Court’s Denial Order on a Petition for Habeas Corpus Relief, in a case where adjudication was based solely on hearsay evidence, is immediately appealable to the United States Supreme Court under the Collateral Order Doctrine. B. Whether Pennsylvania Rule of Criminal Procedure 542(E) violates a defendant’s fundamental right to Due Process, in that it directly conflicts with this Court’s decision in Gerstein v. Pugh, 420 U.S. 103, 119 (1975), which held that “the determination of probable cause must be accompanied by the full panoply of adversary safeguards -— counsel, confrontation, cross-examination, and compulsory process for witnesses.” C. Whether Pennsylvania Rule of Criminal Procedure 542(E) denies a defendant his Sixth Amendment Right to Counsel, despite counsel’s physical presence at a preliminary hearing, when counsel is denied the ability to meaningfully crossexamine witnesses with first-hand knowledge of the evidence against the accused and where the Commonwealth relies solely upon hearsay evidence to establish a prima facie case. i

Docket Entries

2020-10-05
Petition DENIED.
2020-08-12
DISTRIBUTED for Conference of 9/29/2020.
2020-08-06
Waiver of right of respondent Pennsylvania to respond filed.
2020-07-02
Petition for a writ of certiorari filed. (Response due August 7, 2020)

Attorneys

Pennsylvania
Jacob C SanderMercer County District Attorney's Office, Respondent
Tyler Herndon
Matthew Thomas NessWorgul, Sarna & Ness, Criminal Defense Attorneys, LLC., Petitioner