No. 21-5826

Armel Baxter v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al.

Lower Court: Third Circuit
Docketed: 2021-09-30
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: due-process habeas-corpus harmless-error ineffective-assistance-of-counsel reasonable-doubt structural-error
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-02-18 (distributed 2 times)
Question Presented (AI Summary)

Whether an erroneous reasonable-doubt instruction that would be structural error on direct appeal warrants a presumption of prejudice when raised in a federal habeas petition through an ineffective assistance of counsel claim

Question Presented (OCR Extract)

QUESTION PRESENTED Whether an erroneous reasonable-doubt instruction that would be structural error on direct appeal warrants a presumption of prejudice when raised in a federal habeas petition through an ineffective assistance of counsel claim. (i)

Docket Entries

2022-02-22
Petition DENIED.
2022-02-03
DISTRIBUTED for Conference of 2/18/2022.
2022-02-02
Reply of petitioner Armel Baxter filed. (Distributed)
2022-01-14
Brief of respondent Tom McGinley, Superintendent Coal Township SCI, et al. in opposition filed.
2021-11-18
Motion to extend the time to file a response is granted and the time is extended to and including January 18, 2022. See Rule 30.1.
2021-11-16
Motion to extend the time to file a response from December 2, 2021 to January 16, 2022, submitted to The Clerk.
2021-11-02
Response Requested. (Due December 2, 2021)
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-25
Waiver of right of respondent Tom McGinley, Superintendent Coal Township SCI, et al. to respond filed.
2021-09-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2021)

Attorneys

Armel Baxter
Jeffrey T. GreenSidley Austin, Petitioner
Jeffrey T. GreenSidley Austin, Petitioner
Tom McGinley, Superintendent Coal Township SCI, et al.
Nancy WinkelmanDistrict Attorney's Office, Respondent
Nancy WinkelmanDistrict Attorney's Office, Respondent