No. 19-6351

Geoffrey Elkington v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al.

Lower Court: Third Circuit
Docketed: 2019-10-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure due-process evidence exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-standard state-court-deference trial-counsel
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Did the Third Circuit err in deferring to the State Court finding that Petitioner was not prejudiced by Petitioner's trial attorney failing to enter into court exculpatory evidence?

Question Presented (OCR Extract)

QUESTIONS PRESENTED . 1. Did the Third Circuit err in deferring to the State Court finding that Petitioner was not prejudiced by Petitioner's trial attorney failing to enter into court exculpatory evidence in the form of a photograph of Petitioner's feet that would have proven : that Petitioner could not possibly be the person on the photograph with alleged | victim? ; 2. Did the Third Circuit err in deferring to the State Court finding that Petitioner was not prejudiced by Petitioner’s trial attorney failing to enter into court exculpatory evidence in the form of Petitioner's time-sheets that would have proven that Petitioner could not possibly have been at his co-defendant’s home on the date she specified? 3. Did the Third Circuit err in deferring to the State Court finding that Petitioner was not prejudiced by Petitioner’s trial attorney failing to enter into court exculpatory evidence in the form of medical reports of alleged victim that would have proven that purported abuse of alleged victim could not have taken place? 4. Did the Third Circuit err in deferring to the State Court finding that Petitioner was not prejudiced by Petitioner's trial attorney failure to comply with even the most basic professional duties of loyalty to Petitioner. or conduct the most rudimentary of pre-trial investigations? Petition for Writ of Certiorari page i

Docket Entries

2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-11-12
Waiver of right of respondent Michael Clark to respond filed.
2019-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 22, 2019)

Attorneys

Geoffrey Elkington
Geoffrey Elkington — Petitioner
Michael Clark, Superintendent SCI Albion
Nicholas J. Casenta Jr. — Respondent