No. 19-7690

Devell Short v. Superintendent, State Correctional Institution at Greensburg, et al.

Lower Court: Third Circuit
Docketed: 2020-02-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal appeal-rights castle-doctrine constitutional-rights due-process fair-trial judicial-misconduct jury jury-contamination jury-misconduct
Key Terms:
ERISA DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-03-27
Question Presented (AI Summary)

Whether a miscarriage of justice occurred due to a mistake and breakdown in the judicial operation of the federal courts

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. WHETHER A MISCARRIAGE OF JUSTICE OCCURRED, DUE TO A MISTAKE AND BECAUSE OF A BREAKDOWN IN THE JUDICIAL OPERATION OF THE FEDERAL COURTS, WHEN IT FAILED TO : fhe P AAS OURAN CINUEORL LOEME LEBHORT: OF LETS! ORDER: DEMLENG HES AMENDED “WRE WOR Hae BAGS trek es er wena CORPUS, AND THE FAILURE.TO ISSUE A COA, HAS CAUSED PREJUDICE TO HIS RIGHT TO 7 PERFECT A TIMELY APPEAL? . II. WAS PETITIONER DENIED DUE PROCESS VIA JUDICIAL MISCONDUCT BECAUSE IT ABUSED ITS . DISCRETION, AND ALLOWED AN OFFICER OF THE COURT TO INVADE THE PROVINCE OF THE JURY? Se : : III. WAS MR. SHORT DENIED A FAIR TRIAL WHEN THE TRIAL JUDGE ALLOWED A RUN-AWAY JURY MEMBER TO CONTAMINATE THE REST OF THE SEATED JURY MEMBERS WITH OUT-OF-COURT INFORMATION, WHEN IT ALLOWED A BIAS INFLUENCE TO-ENTER THE JURY ROOM DURING i. THEIR DELIBERATION VIOLATING SHORT'S CONSTITUTIONAL RIGHTS? oo, IV. WAS PETITIONER UNJUSTLY DENIED HIS REQUESTED DEFENSE OF THE CASTLE DOCTRINE, . SINCE THE PETITIONER DID NOT POSSESS THE ELEMENTS NEEDED TO PROVE HIM GUILTY BEYOND A REASONABLE DOUBT? a V. WHETHER THE JURY'S VERDICT IS NOT WORTHY OF CONFIDENCE TO STAND? : ; ; it

Docket Entries

2020-08-03
Rehearing DENIED.
2020-07-09
DISTRIBUTED.
2020-04-15
Petition for Rehearing filed.
2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-03
Waiver of right of respondent Superintendent, Greensburg to respond filed.
2020-02-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 23, 2020)

Attorneys

Devell Short
Devell Short — Petitioner
Superintendent, Greensburg
Ronald Michael Wabby Jr.Allegheny County Dist. Atty., Respondent