No. 21-5447

Nicholas Edwards v. Derek Oberlander, Superintendent, State Correctional Institution at Forest, et al.

Lower Court: Third Circuit
Docketed: 2021-08-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: compulsory-process criminal-procedure due-process identification-evidence ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice procedural-default sixth-amendment
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the U.S. Court of Appeal erred in not finding petitioner was not prejudiced by trial counsel's failure

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : : 1. WHETHER THE U.S. COURT OF APPEAL ERROR IN NOT FINDING PETITIONER WAS NOT PREJUDICED BY TRIAL COUNSEL FAILURE TO CALL : WITNESSES P/O OFFICER WHO WOULD HAVE IMPEACH IDENTIFICATION ; EVIDENCE, AND COUNSEL FAILED TO IMPEACH THE EYEWITNESS WITH POLICE REPORTS THAT PROVE HIS INNOCENCE, OF MISCARRIGE OF JUSTICE. ! z 2. WHETHER THE U.S. COURT OF APPEAL ERROR THAT PCRA COUNSEL'S INEFFECTIVENESS CONSTITUTES CAUSE AND PREJUDICE TO PETITIONER ; PROCEDURAL DEFAULT OF HIS TRIAL COUNSEL INEFFECTIVE ASSISTANCE. : . , 3. WHETHER PETITIONER SHALL ENJOY THE RIGHT TO HAVE COMPULSORY . PROCESS OBTAINING WITNESS IN HIS FAVOR AND TO HAVE THE ASSISTANCE ; . OF COUNSEL FOR HIS DEFENCE UNDER THE SIXTH AMENDMENT. 1 . . ' ; . { d . ' :

Docket Entries

2021-10-04
Petition DENIED.
2021-09-09
DISTRIBUTED for Conference of 9/27/2021.
2021-09-07
Waiver of right of respondent Oberlander, Supt., Forest, et al. to respond filed.
2021-08-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 22, 2021)

Attorneys

Nicholas Edwards
Nicholas Edwards — Petitioner
Nicholas Edwards — Petitioner
Oberlander, Supt., Forest, et al.
Nancy WinkelmanDistrict Attorney's Office, Respondent
Nancy WinkelmanDistrict Attorney's Office, Respondent