No. 19-8112

Mustafa Ali v. Derek Oberlander, Superintendent, State Correctional Institution at Forest, et al.

Lower Court: Third Circuit
Docketed: 2020-03-27
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability coerced-confession coerced-statement criminal-procedure due-process habeas-corpus jurisdiction-challenge pretextual-arrest right-to-counsel unwanted-counsel
Key Terms:
DueProcess
Latest Conference: 2020-05-28
Question Presented (AI Summary)

whether-the-court-of-appeals-denying-application-for-certificate-of-appealability

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Court of Appeals denying Application for Certificate of Appealability and Petition for Rehearing/Rehearing en Banc is contrary to this Court's decisions in Henderson v Shinseki,562 U.S 428 ;Wisconsin Dept. of Corrections v Schacht,524 U.S. 381; Zadvydas v Davis,533 U.S. 678. Resulted in a denial of Due Process when Petitioner was not given opporunity to challenge jurisdiction 2. Whether the Court of Appeals denying Application for Certificate of Appealability resulted in a denial of Due Process when a coerced statement was used against Petitioner at his trial which is contrary to this Court's decisions in Haynes v Washington, 373 U.S. 503; Kaupp v Texas, 538 U.S. 626;Hardy v U.S.,186 U.S. 224; Mallory v Hogan, 378 U.S. 1;Brown v Illinois,422 U.S. 590. 3. Whether the Court of Appeals denying Application for Certificate of Appealability resulted in a denial of Due Process when Petitioner was forced to proceed with unwanted counel contrary to this Court's decisions in Faretta v California, 442 U.S. 806; Wiggins v Smith, 539 U.S. 510; Anders v California, 386 U.S. 738. 4. Whether the Court of Appeals denying Application for Certificate of Applealability resulted in a denial of Due Process when Petitioner was arrested pretextually and not promptly presented before a magistrate contrary to this Court's decisions in Mallory v U.S. ,354 U.S.449;Boyd v U.S., 116 U.S. 616; Ferguson v City of Charleston ,533 U.S. 67. . W

Docket Entries

2020-06-01
Petition DENIED.
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-03-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 27, 2020)
2019-12-30
Application (19A713) granted by Justice Alito extending the time to file until March 21, 2020.
2019-12-16
Application (19A713) to extend the time to file a petition for a writ of certiorari from January 21, 2020 to March 21, 2020, submitted to Justice Alito.

Attorneys

Mustafa Ali
Mustafa Ali — Petitioner