No. 19-7027

Patrick T. Hughes v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-12-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: accomplice-liability confrontation-clause criminal-conspiracy criminal-homicide due-process eighth-amendment evidence reasonable-doubt
Key Terms:
Environmental SocialSecurity Immigration
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether the evidence was sufficient to sustain a conviction of criminal homicide, criminal conspiracy to commit homicide

Question Presented (OCR Extract)

QUESTION(S) PRESENTED | . : 1. Whether the evidence was sufficient to [sustain] a conviction of criminal homicide, criminal : conspiracy to commit homicide where the Commonwealth failed to establish, beyond a . . . reasonable doubt, the existence of a conspiratorial agreement, the specific intent of which was to : . _ commit criminal homicide, prior to the death of Ervin Holton? . ; . 2, Whether the evidence was sufficient to [sustain] a conviction of criminal homicide or criminal : . -. . conspiracy to commit homicide where the Commonwealth conceded at trial that [Appellant] was : fot 4 shooter, and offered no evidence of his presence at the scene, when, a conviction of murder : cannot stand without sufficient evidence of accomplice liability? ; "+ 3. Whether the trial court erred in granting the Commonwealth's motion in limine to present . . evidence of [Appellant's] drug dealing and prior drug arrests under [Pa.R.E.] 404(b) by order and 7 .opinion on November 14, 2016? . . : ue 4. Whether the trial court erred in admitting 911 tapes referencing a Honda Odyssey without ~ . ; ; : affording the Appellant his right to cross-examination guaranteed and by the confrontation clause : 3 Lo . of the United States Constitution? . . 5. Whether this honorable court erred when it barred the defense from cross-examining James cot ; Martin on his status as a sex offender registrant? : . Looe . : 6. Whether this honorable court erred when it failed to grant Appellant's request for a mistrial due to Nicole Green[e]'s testimony that Appellant was incarcerated during most of the time they soot : ’ dated? . : : , 7. Whether the verdict was against the weight of the evidence? , . : 8. Whether the trial court erred over Appellant's objection in denying Appellant's motion for ‘ ‘severance, failing to order separate trials, and determining that (] Appellant would notbe : prejudiced by being tried with his co-defendant Omar Robinson(?J . : : 9. Whether the trial court erred in failing to grant Appellant's motion for change of venue/venire . where the pretrial publicity was sustained, pervasive, inflammatory, and inculpatory and there was ‘ a presumption of prejudice in selecting a fair and impartial jury from Northampton County? : . , 10. Whether the trial court erred in failing to grant Appellant['s] motion to suppress statements , made to police on December 5, 2012 and December 4, 2014? : : -” 44. Whether the sentence of the court toa mandatory life sentence without the possibility of : . parole for First[-]Degree Murder is unlawful where the underlying statute is unconstitutional and . ; the sentencing issue was not presented to the jury? . 42. Whether the mandatory sentence of Appellant to life imprisonment without the possibility of . parole for murder of the first degree violates the Eighth Amendment prohibition on cruel and unusual punishment? oe : 13. Whether the court erred in denying Appellant's request to instruct the jury that in Pennsylvania , The moidetory Sev tence Sor Mest (J Degree Marder 18 URe Imprisonment (emprlebianties seen stgee OMe? Afrettowts Brick At 2-5 | i 1, Su : . \ , ’ ggested Answers, ONS Some, Citations omitted)

Docket Entries

2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2019-12-30
Waiver of right of respondent Pennsylvania to respond filed.
2019-12-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2020)

Attorneys

Patrick T. Hughes
Patrick Hughes — Petitioner
Patrick Hughes — Petitioner
Pennsylvania
Katharine Rae KurnasNorthampton County District Attorney's Office, Respondent
Katharine Rae KurnasNorthampton County District Attorney's Office, Respondent