No. 19-5295

In Re Larry Charles

Lower Court: N/A
Docketed: 2019-07-24
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: due-process exceptional-circumstances fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel mandamus right-to-appeal sixth-amendment supreme-court-precedent writ-of-mandamus
Key Terms:
DueProcess
Latest Conference: 2019-11-15 (distributed 2 times)
Question Presented (AI Summary)

Do exceptional circumstances exist in the Petitioner's case that justify granting his Petition seeking a Writ of Mandamus when he has demonstrated a clear and indisputable right to its issuance especially in light of the fact that the lower Federal and State Courts have ignored United States Supreme Court precedent?

Question Presented (OCR Extract)

QUESTION PRESENTED . The Petitioner has urged upon the Federal Courts an argument that presented . three issues. First, the Petitioner argued that trial counsel violated his right to the by not perfecting his right to appeal the discretionary aspects of his sentence. | Second, the Petitioner argued that the Superior Court and the PCRA Court violated | his Sixth of Fourteenth Amendment Rights by not granting him an appeal nunc pro . _tunc and by instead reviewing his case on the merits and stating that he need to . show prejudice as a result of counsel’s alleged ineffectiveness. Third, the | Petitioner’s Constitutional Rights by sentencing him in a manner that deprived him ~ of the right to due process. The case thus presents the following question: | Do exceptional circumstances exist in the Petitioner’s case that justify _ granting his Petition seeking a Writ of Mandamus when he has demonstrated a .. clear and indisputable right to its issuance especially in light of the fact that the . lower Federal and State Courts have ignored United States Supreme Court precedent? |

Docket Entries

2019-11-18
Rehearing DENIED.
2019-10-30
DISTRIBUTED for Conference of 11/15/2019.
2019-10-16
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-02-21
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due August 23, 2019)

Attorneys

Larry Charles
Larry Charles — Petitioner