No. 19-8446

Anthony S. Twitty v. Barry Smith, Superintendent, State Correctional Institution at Houtzdale, et al.

Lower Court: Third Circuit
Docketed: 2020-05-12
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-rights constitutional-rights due-process federal-courts habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions pcra-statute reasonable-doubt
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-01-08 (distributed 2 times)
Question Presented (AI Summary)

Was the Petitioner denied the right to a fair trial, due to hypothetical-jury, jury-instruction, ineffective-assistance-of-counsel, reasonable-doubt

Question Presented (OCR Extract)

No question identified. : 1. Was the Petitioner denied the right to a fair trial, due to hypothetical jury , _ instruction, and suffered ineffective assistance of counsel, regarding reasonable , . doubt. Where the United States Court of Appeals entered a decision whiéh conflicts with the decision of the United States District Courts. And has decided _” an important Federal question in a way that conflicts with another Federal District : Courts decision. Which is cause for an exercise of this Courts supervisory power? oo. 2. Does the application of Newly Discovered facts apply, here, where the a Petitioner raised the claim within less thati(60) days under the required PCRA . Statute after the Petitioner became aware. Where the question is of Constitutional importance, and the language of the lower Courts require this Court to exercise it's _ + supervisory power. And finally, would there be a disparity‘without this Court . ‘+. addressing this important question oflaw? ae 0 ce _ 3, Was Petitioner diligent in seeking relief once he became aware, that the jury instructions on. weasonable doubt as given by Rénee Cardwell Hughes were : fatally flawed? And violated his Constitutional right to fair trial? 4. — Was it Petitioners only opportunity to a de novo review from the District = Court and the Third Circuit Court of Appeals, related to ineffective assistance of -__ counsel where Petitioner raised ineffective assistance of trial and PCRA counsel, . + under Martin v. Ryan, and where it was Petitioners first/only opportunity to seek + telief from the Federal Court related to the flawed jury instructions on reasonable doubt? a

Docket Entries

2021-01-11
Rehearing DENIED.
2020-12-02
DISTRIBUTED for Conference of 1/8/2021.
2020-10-19
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-06-25
DISTRIBUTED for Conference of 9/29/2020.
2020-04-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 11, 2020)

Attorneys

Anthony S. Twitty
Anthony S. Twitty — Petitioner
Anthony S. Twitty — Petitioner