No. 19-6978

Isaac Naranjo v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al.

Lower Court: Third Circuit
Docketed: 2019-12-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-right constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jurists-of-reason merits notice-of-charges post-conviction-review procedural-default
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether to make a substantial showing of the denial of a constitutional right a habeas applicant for a C.O.A. need not show that he will prevail on the merits

Question Presented (OCR Extract)

QUESTIONS PRESENTED , (1) WHETHER TO MAKE A SUBSTANTIAL SHOWING OF THE DENIAL OF A : CONSTITUTIONAL RIGHT A HABEAS APPLICANT FOR A C.0.A. NEED NOT SHOW THAT HE WILL PREVAIL ON THE MERITS. HE HAS ALREADY FAILED IN THE oe ENDEAVOR, BUT MUST “DEMONSTRATE THAT THE ISSUES ARE DEBATABLE AMONG JURISTS OF REASON; THAT A COURT COULD RESOLVE THE ISSUS [IN A DIFFERENT MANNER]; OR THAT THE QUESTIONS ARE “ADEQUATE TO DESERVE _ ENCOURAGEMENT TO PROCEED FURTHER”. . (2) WHETHER A STATE PRISONER UNDER MARTINEZ MAY OVERCOME A co, . PROCEDURALLY DEFAULTED CLAIM BY SHOWING CAUSE FOR THE DEFAULT AND PREJUDICE. (3) WHETHER UNDER STRICKLAND, COUNSEL HAS A DUTY TO MAKE : REASONABLE INVESTIGATIONS, OR MAKE A REASONABLE DECISION THAT MAKES PARTICULAR INVESTIGATIONS UNNECESSARY. . (4) WHETHER UNDER MARTINEZ A STATE PRISONER MAY OVERCOMEA PROCEDURALLY DEFAULTED CLAIM BY SHOWING THAT POST-CONVICTION COUNSEL WAS INEFFECTIVE IN FAILING TO RAISE THE INEFFECTIVE. ASSISTANCE OF TRIAL COUNSEL CLAIM IN THE FIRST-COLLATERAL REVIEW PROCEEDING. ° FD _ (5) WHETHER THE RIGHT TO NOTICE OF A CHARGE IS BASIC AND THE MOST CLEARLY ESTABLISHED DUE PROCESS RIGHT OF AN ACCUSED IN A CRIMINAL PROCEEDING. . 7 . (6) WHETHER A PERSON CAN NOT BE CONVICTED OF AN OFFENSE NOT CHARGED AGAINST HIM BY INDICTMENT OR INFORMATION AND DUE PROCESS OF LAW REQUIRES NOTICE OF CHARGES. (7) WHETHER THE RIGHT TO FORMAL NOTICE OF CHARGES TO'AN ACCUSED AND TO BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION AGAINST . HIM IT IS WELL ESTABLISHED. ; oe 9 . . : ; PARTIES The Petitioner is Isaac naranjo, a prisoner at SCI-Rockview. The Respondents are : Superintendent Fayette SCI, and the Attorney General of the State of Pennsylvania, et al. . ray Do

Docket Entries

2020-02-24
Petition DENIED.
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2020-01-14
Waiver of right of respondent Capozza, Supt., Fayette to respond filed.
2019-12-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2020)

Attorneys

Capozza, Supt., Fayette
Nancy WinkelmanDistrict Attorney's Office, Respondent
Nancy WinkelmanDistrict Attorney's Office, Respondent
Isaac Naranjo, et al.
Isaac Naranjo — Petitioner
Isaac Naranjo — Petitioner