No. 19-8429

Tariq Maqbool v. Marcus O. Hicks, Commissioner, New Jersey Department of Corrections, et al.

Lower Court: Third Circuit
Docketed: 2020-05-11
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-procedure dna-testing due-process fifth-amendment fourteenth-amendment ineffective-assistance miranda-rights sixth-amendment
Key Terms:
DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the denial of Petitioner's ineffective assistance claim violated constitutional rights

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Third Circuit Court of Appeals, the District Court, and the New Jersey state courts' ruling, denying Petitioner’s ineffective assistance claim of trial counsels, violated Petitioner’s fifth, sixth and fourteenth amendment constitutional rights to a fair trial and to due process of law? a. Where trial counsels failed to argue: that’ the Interrogation: Advice of Rights Form used in this case, which required Petitioner to simultaneously acknowledge ; and waive his Miranda rights; rendered his resultant, alleged, oral, unrecorded, unwritten, unsigned, statements unconstitutional, requiring suppression as a matter of federal law. b. Where trial counsels failed to request DNA testing and fingerprints analysis of evidence presented at trial, thereby violating Petitioner’s due process protections. 2. Did the Third Circuit Court of Appeals, the District Court and state courts’ ruling that Petitioner did not receive a manifestly excessive sentence, necessitating reduction, was an error violating Petitioner's due process rights and the holdings of United State Supreme court ruling in Alleyne v. United States, 133 S.Ct 2151, 186 L.Ed.2d 314 (2013). i

Docket Entries

2020-10-05
Petition DENIED.
2020-06-25
DISTRIBUTED for Conference of 9/29/2020.
2020-04-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2020)

Attorneys

Tariq Maqbool
Tariq Maqbool — Petitioner
Tariq Maqbool — Petitioner