No. 19-5998

Eric Matthew Frein v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-09-19
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure harmless-error police-misconduct prosecutorial-misconduct right-to-counsel sixth-amendment structural-error trial-integrity
Key Terms:
AdministrativeLaw DueProcess FifthAmendment CriminalProcedure Punishment JusticiabilityDoctri
Latest Conference: 2020-01-10
Question Presented (AI Summary)

When the Sixth Amendment right to counsel has attached, do efforts by police and prosecutors to physically prevent counsel from intervening in his client's interrogation, infect the entire trial?

Question Presented (OCR Extract)

QUESTIONS PRESENTED When the Sixth Amendment right to counsel has attached, do efforts by police and prosecutors -the victims of one or more of the defendant’s charges -to physically prevent counsel from intervening in his client’s interrogation, infect the entire trial? Does the presentation of evidence and testimony that has no relevance to the deceased victim’s “individuality as a human being,” per Payne v. Tennessee, but rather calls the jury to arms in a war against “the forces of darkness” constitute improper victim impact evidence? ii

Docket Entries

2020-01-13
Petition DENIED.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-11-20
Brief of respondent Pennsylvania in opposition filed.
2019-10-22
Motion to extend the time to file a response is granted and the time is extended to and including November 20, 2019.
2019-10-17
Motion to extend the time to file a response from October 21, 2019 to November 20, 2019, submitted to The Clerk.
2019-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 21, 2019)

Attorneys

Eric Matthew Frein
Michael WisemanWiseman & Schwartz, LLP, Petitioner
Michael WisemanWiseman & Schwartz, LLP, Petitioner
Pennsylvania
Raymond Jay TonkinPike County District Attorney's Office, Respondent
Raymond Jay TonkinPike County District Attorney's Office, Respondent
Raymond J. TonkinDistrict Attorney Pike County, Respondent
Raymond J. TonkinDistrict Attorney Pike County, Respondent