No. 19-7175

Curry Robinson v. Barry Smith, Superintendent, State Correctional Institution at Houtzdale, et al.

Lower Court: Third Circuit
Docketed: 2020-01-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 6th-amendment alibi alibi-claim federal-review fourteenth-amendment ineffective-assistance procedural-bar sixth-amendment
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether the federal question of ineffective assistance of trial counsel as the preserved claim of an alibi was vague and/or unexhausted thereby procedurally barring the petitioner from federal review?

Question Presented (from Petition)

QUESTION(S) PRESENTED I. WHETHER THE FEDERAL QUESTION OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL AS|! THE: PRESERVED! CLAIM OF AN ALIBI WAS VAGUESAND/OR UNEXHAUSTED THEREBY | .} PROCEDURALLY pans THE PETITIONER FROM FEDERAL REVIEW? : (a) Whether the Petitioner's 6th and 14th amendment rights were violat when the District court failed to determine whether Petitioner's \ “ders claim of ineffectiveness was properly present and not vagu (b) The district court abused its-discretion when it failed to make a finding of whether the PCRA court based its decision on a unreasonable determination of facts regarding K.M., T.M. and T.T. with wespect to Petitioner's county jail stay? ; | : | | . | ~ : . , |

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-29
Waiver of right of respondent Barry Smith to respond filed.
2020-01-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 5, 2020)

Attorneys

Barry Smith
Nancy WinkelmanDistrict Attorney's Office, Respondent
Nancy WinkelmanDistrict Attorney's Office, Respondent
Curry Robinson
Curry Robinson — Petitioner
Curry Robinson — Petitioner