No. 21-5526

Duane Kelly v. Steven Johnson, Administrator, New Jersey State Prison

Lower Court: Third Circuit
Docketed: 2021-09-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure district-court-review double-jeopardy due-process evidentiary-hearing inconsistent-verdict inconsistent-verdicts post-conviction-relief reasonable-jurist state-court-decision
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Was the district court's findings that the state court reasonably applied the inconsistent verdict law in this case correct?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I i : 1.) WAS THE DISTRICT COURTS FINDINGS THAT THE STATE COURT REASONABLY APPLIED THE INCONSISTENT VERDICT LAW IN THIS CASE CORRECT? 2.) WOULD A REASONABLE JURIST DISAGREE WITH THE DISTRICT COURTS DECISION THAT THE STATE COURT DID NOT ERROR WHEN THEY PRESENTED THE .357 OR .38 CALIBER WEAPON THAT THE PETITIONER WAS FOUND NOT GUILTY OF POSSESSING AND NOT GUILTY OF USING IN A UNLAWFUL WAY AS EVIDENCE IN A SECOND TRIAL TO SAY THE CONTRARY? 3.) WOULD A REASONABLE JURIST DISAGREE WITH THE DISTRICT COURTS FINDINGS THAT THE STATE COURT DID NOT ERROR IN DENYING PETITIONER’S POST-CONVICTION RELIEF WITHOUT AFFORDING HIM EVIDENTIARY HEARING. ai

Docket Entries

2021-10-12
Petition DENIED.
2021-09-16
DISTRIBUTED for Conference of 10/8/2021.
2021-09-10
Waiver of right of respondent Steven Johnson to respond filed.
2021-08-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 1, 2021)

Attorneys

Duane Kelly
Duane Kelly — Petitioner
Steven Johnson
Regina Marie OberholzerDivision of Criminal Justice, Respondent