No. 21-5719

Edward Zinner v. United States

Lower Court: Third Circuit
Docketed: 2021-09-20
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: aedpa conflict-of-interest constitutional-rights criminal-procedure due-process fraud-on-the-court government-failure-to-admit-or-deny habeas-corpus hazel-atlas prosecutorial-misconduct
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-12-03 (distributed 2 times)
Question Presented (AI Summary)

when-prosecutors-conspire-with-known-conflicted-defense-counsel

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 2 1. When prosecutors conspire with known conflicted defense counsel pre-indictment, 3 ||and devise a scheme to deprive two targets in a criminal investigation of their Constitutional right to Due Process of Law and conflict free lawyers in a forthcoming criminal proceeding, 4 || then execute the scheme arranging known conflicted lawyers to represent the diverging interests 5 of the two subjects while concealing the scheme and the conflicts from the subjects and the District Court, then further the scheme committing fraud on multiple habeas Courts to cover up 6 || their fraud on the Criminal Court in violation of 18 U.S.C. §§ 241, 242, does this conduct fall outside the scope of the AEDPA for purposes of a Hazel Atlas claim of fraud on a habeas court 7 |\ requiring the District Court to review the case on its merits IN THE FIRST INSTANCE as 8 found by the Tenth Circuit citing Gonzalez v Crosby, 545 U.S. 524, 528, 125, S. Ct. 2641, 162 L. Ed. 2d 480 (2005)? 9 2. Does the Government's failure to admit or deny allegations set forth in a true Rule 60 10 || motion or petition in the nature of coram nobis, when ordered by the District Court to file a Hl reply as required by Rule 8, Federal Rules of Civil Procedure, constitute an admission by the Government per Rules 8(b)(2) and 8(b)(6)? And can a District Court OR the Government, hide 12 {| behind the AEDPA to cover up a deprivation of Constitution rights that results in a gross miscarriage of justice by executing fraud on multiple habeas courts to cover up fraud upon a 13 1) Criminal Court? 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ||. i

Docket Entries

2021-12-06
Rehearing DENIED. Justice Alito took no part in the consideration or decision of this petition.
2021-11-16
DISTRIBUTED for Conference of 12/3/2021.
2021-11-05
Petition for Rehearing filed.
2021-10-18
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2021-09-30
DISTRIBUTED for Conference of 10/15/2021.
2021-09-22
Waiver of right of respondent United States to respond filed.
2021-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2021)

Attorneys

Edward Zinner
Edward M. Zinner — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent