No. 20-6184

I. Dean Fulton v. Kathy Brittain, Superintendent, State Correctional Institution at Frackville, et al.

Lower Court: Third Circuit
Docketed: 2020-11-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aggravated-assault buck-v-davis certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence third-circuit
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri Jurisdiction
Latest Conference: 2020-12-11
Question Presented (AI Summary)

whether-the-third-circuit-court-of-appeals-violated-buck-v-davis

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. WHETHER THE THIRD CIRCUIT COURT OF APPEALS VIOLATED BUCK V. DAVIS, 580 U.S.__, 137 S.CT. 759, 197 L.ED.2D 1 (2017) WHEN IT DENIED A CERTIFICATE OF APPEALABILITY ARISING FROM SECTION 2254 HABEAS CORPUS PETITION WHERE THE CONVICTION FOR AGGRAVATED ASSAULT WAS NOT SUPPORTED BY EVIDENCE IN THE TRIAL TRANSCRIPT? If. WHETHER TRIAL COUNSEL WAS CONSTITUTIONALLY INEFFECTIVE FOR FAILING TO REQUEST AN INSTRUCTION INFORMING THE JURY THAT IF IT ACQUITTED PETITIONER OF MURDER ON A THEORY OF SELF-DEFENSE IT COULD NOT CONVICT THE PETITIONER OF AGGRAVATED ASSAULT ON A BYSTANDER UNLESS IT FOUND THAT THE ASSAULT WAS INTENTIONAL? TT. WHETHER PETITIONER WAS DENIED DUE PROCESS OF LAW WHEN THE TRIAL JUDGE INSTRUCTED THE JURY THAT PETITIONER COULD BE CONVICTED OF AGGRAVATED ASSAULT IF HE ACTED RECKLESSLY? IV. WHETHER THE THIRD CIRCUIT VIOLATED 28 U.S.C. 2254(f) WHEN PETITIONER CHALLENGED THE CONVICTION BASED ON INSUFFICIENCY OF THE EVIDENCE AND THE COURT IT DID NOT REQUIRE THE STATE TO PRODUCE THE PART OF THE RECORD SUPPORTING THE CONVICTION BECAUSE THERE WAS NOTHING?

Docket Entries

2020-12-14
Petition DENIED.
2020-11-25
DISTRIBUTED for Conference of 12/11/2020.
2020-11-20
Waiver of right of respondent Kathy Brittain et al. to respond filed.
2020-09-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2020)

Attorneys

I. Dean Fulton
Cheryl J. SturmAttorney at Law, Petitioner
Kathy Brittain et al.
Ronald EisenbergPennsylvania Attorney General's Office, Respondent