No. 19-7100

Damon Jones v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al.

Lower Court: Third Circuit
Docketed: 2019-12-30
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: burden-of-proof constitutional-presumption evidentiary-presumption fourteenth-amendment jury-instructions sixth-amendment specific-intent transferred-intent
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Are the Sixth and Fourteenth Amendments violated where in a case tried and presented under the transferred intent theory the jury is not instructed on the State's burden of proof regarding the requisite facts against alleged intended victim but is directed and guided to decide immaterial issues, i.e., the accused's alleged specific intent and malice against the bystanders instead, where the jury is provided an evidentiary presumption that has no constitutional underpinnings in the case, where the accused's convictions is upheld upon contradictory theories, i.e., a legally permissible and impermissible theory?

Question Presented (OCR Extract)

question presented is: . a Are the Sixth and Fourteenth Amendments violated where in a case tried and presented under the transferred intent theory the jury is not instructed on the State's burden of proof regarding the requisite facts against alleged intended victim but is directed and guided to decide immaterial issues, . i.e., the accused's alleged specific intent and malice against the ; bystanders instead, where the jury is provided an evidentiary presumption. that has no constitutional underpinnings in the case, where the accused's , convictions is upheld upon contradictory theories, i.e., a legally permissible and impermissible theory? 2. In Slack v. McDaniel, 529 U.S. 473, 483-84 (2000), this Court left unanswered the meaning of "constitutional," that have led to differing : : interpretations among the circuits. The circuits remain split on this issue. The question presented is: : ; Does the substituted word "constitutional" requires a more stringent standard than the former certificate for probable cause? Does petitioner's . claims: the various jury instructions challenges, the evidence sufficiency. challenge, the charging documents challenge merits a COA? oo. . -a

Docket Entries

2020-02-24
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. Justice Alito took no part in the consideration or decision of this motion and this petition.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-22
Waiver of right of respondents John Wetzel, et al. to respond filed.
2019-10-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 29, 2020)

Attorneys

Damon Jones
Damon Jones — Petitioner
Damon Jones — Petitioner
John Wetzel, et al.
Nancy WinkelmanDistrict Attorney's Office, Respondent
Nancy WinkelmanDistrict Attorney's Office, Respondent