No. 19-6194

William Edward Sneed v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al.

Lower Court: Third Circuit
Docketed: 2019-10-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: batson-challenge batson-v-kentucky certificate-of-appealability equal-protection ineffective-assistance ineffective-assistance-of-counsel intentional-discrimination juror-discrimination racial-bias racial-discrimination third-circuit-court-of-appeals
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2019-12-06
Question Presented (AI Summary)

In light of the post-conviction court's finding of intentional discrimination—a finding that has not been challenged by any reviewing court—did the Third Circuit Court of Appeals violate the standard for considering an application for certificate of appealability when it held that no jurist of reason would debate the merits of the underlying Batson and ineffectiveness claims?

Question Presented (OCR Extract)

QUESTION PRESENTED After an evidentiary hearing, the post-conviction court found that the trial prosecutor intentionally discriminated against African-American jurors in violation of Batson v. Kentucky, 476 U.S. 79 (1986), and that appellate counsel was ineffective for failing to raise that claim on appeal. Without disturbing the lower court’s factual findings, the Pennsylvania Supreme Court reversed that ruling on appeal, and the district court denied habeas relief. The question presented is: In light of the post-conviction court’s finding of intentional discrimination—a finding that has not been challenged by any reviewing court—did the Third Circuit Court of Appeals violate the standard for considering an application for certificate of appealability when it held that no jurist of reason would debate the merits of the underlying Batson and ineffectiveness claims? i

Docket Entries

2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-11-05
Waiver of right of respondent John E. Wetzel to respond filed.
2019-10-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2019)
2019-08-22
Application (19A211) granted by Justice Alito extending the time to file until October 3, 2019.
2019-08-19
Application (19A211) to extend the time to file a petition for a writ of certiorari from September 3, 2019 to November 2, 2019, submitted to Justice Alito.

Attorneys

John E. Wetzel
Nancy WinkelmanDistrict Attorney's Office, Respondent
Willie Sneed
Kerry Gerace LevyFederal Community Defender, Capital Habeas Unit, Petitioner