No. 20-6247

Jermont Cox v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al.

Lower Court: Third Circuit
Docketed: 2020-11-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability default-rule exculpatory-evidence habeas-corpus ineffective-assistance-of-counsel ineffective-assistance-of-trial-counsel martinez-standard martinez-v-ryan rule-60(b)(6)
Key Terms:
HabeasCorpus
Latest Conference: 2020-12-11
Question Presented (AI Summary)

Whether a district court deciding a Rule 60(b)(6) motion in habeas corpus proceedings may ignore new exculpatory evidence when assessing the substantiality of a defaulted ineffective-assistance-of-trial-counsel claim under Martinez v. Ryan

Question Presented (OCR Extract)

question presented here is one of first impression: L. In habeas corpus proceedings, whether a district court deciding a motion for relief from judgment may ignore new exculpatory evidence when assessing whether a defaulted IATC claim is “substantial” under Martinez v. Ryan, 566 U.S. 1 (2012). Il. Whether Petitioner was entitled to a COA to allow the Court of Appeals to address the above question and determine whether his IATC claims were substantial. i

Docket Entries

2020-12-14
Petition DENIED.
2020-11-25
DISTRIBUTED for Conference of 12/11/2020.
2020-11-23
Waiver of right of respondent John Wetzel, Commissioner, Pa. Dept. of Corrections, et al. to respond filed.
2020-10-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 7, 2020)

Attorneys

Jermont Cox
Stuart Brian LevFederal Community Defender Office for the Eastern District of Pennsylvania, Petitioner
Stuart Brian LevFederal Community Defender Office for the Eastern District of Pennsylvania, Petitioner
John Wetzel, Commissioner, Pa. Dept. of Corrections, et al.
Nancy WinkelmanDistrict Attorney's Office, Respondent
Nancy WinkelmanDistrict Attorney's Office, Respondent