No. 20-5888

Burton Lee Smith v. Steven Johnson, Administrator, New Jersey State Prison, et al.

Lower Court: Third Circuit
Docketed: 2020-10-02
Status: Denied
Type: IFP
IFP
Tags: 404(b)-jury-instructions bruton-v-united-states certificate-of-appealability confrontation-clause constitutional-rights effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions mug-shot-identification severance-of-defendants sleeping-juror trial-procedure
Key Terms:
Privacy
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that He was not Denied His State and Federal Constitutional Rights to the Effective Assistance of Counsel when His Trial Attorney Failed to _ Move for a Severance of Defendants for Trial pursuant to Bruton v. United States. 2.) Whether the Third Circuit Court of Appeals Erred in Denying : Petitioner a Certificate of Appealability on His Claim that the Trial Court Did Not Err by Failing to Adequately Instruct the Jury Pursuant the N.J.R.E. 404(B) Regarding the Testimony _ Elicited at Trial from Detective Ricci Involving the CoDefendant's Fear of the Petitioner Arising out of a previously Existing Restraining Order. 3.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that His Constitutional Rights were not Violated when the Trial Court Erred by Failing to Sponte Instruct the Jury. Regarding the Petitioner's Photograph which was part of the Photographic Array Shown to the Victim which was Characterized by Him as Constituting a "Mug Shot". 4.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that His Constitutional Rights were not Violated when a Sleeping Juror was Allowed to Continue Sitting and Ultimately Deliberate on Petitioner's Guilt. 5.) Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability on His Claim that His United States 6th Amendment to Confrontation were not Violated. aT , ‘. _—

Docket Entries

2020-12-07
Petition DENIED.
2020-11-12
DISTRIBUTED for Conference of 12/4/2020.
2020-09-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2020)

Attorneys

Burton Lee Smith
Burton Lee Smith — Petitioner