No. 21-6702

Oscar Porter v. Steven Johnson, Administrator, New Jersey State Prison, et al.

Lower Court: Third Circuit
Docketed: 2021-12-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2254 alibi-witness alibi-witnesses criminal-trial eyewitness-identification eyewitness-testimony habeas-corpus identification ineffective-assistance ineffective-assistance-of-counsel sixth-amendment
Key Terms:
HabeasCorpus
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether trial counsel violated the Sixth Amendment by prejudging and excluding close friends and family as alibi witnesses

Question Presented (OCR Extract)

QUESTIONS PRESENTED — ; : ce 1. Is the Sixth Amendment violated when trial counsel pre-judges and excludes close , friends and family from testifying as alibi witnesses without investigation in a murder trial with a . single uncorroborated eyewitness? ; . : 2. Does 28 U.S.C. §2254(d)2 require the federal court to grant relief when the state court's finding that petitioner's potential alibi witness was his "paramour" was objectively unreasonable where trial counsel made the claim despite:never speaking to the witness. ;

Docket Entries

2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2022-01-06
Waiver of right of respondent Johnson, Adm'r, NJ, et al. to respond filed.
2021-10-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2022)

Attorneys

Johnson, Adm'r, NJ, et al.
Frank J. DucoatEssex County Prosecutor's Office, Respondent
Oscar Porter
Oscar Porter — Petitioner