No. 21-7033

Oscar Alvarado v. Eric Tice, Superintendent, State Correctional Institution at Somerset, et al.

Lower Court: Third Circuit
Docketed: 2022-02-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review co-defendant-statement confrontation-clause harmless-error ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment sufficiency-of-evidence
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-03-18
Question Presented (AI Summary)

Whether the Sixth Amendment Confrontation Clause was violated

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether the United States Court of Appeal's for the Third Circuit entered a decision in conflict with the decision of several other United States Court of Appeal's for the Third Circuit and the Supreme Court of Pennsylvania,on whether a statement provided by a :s::non-testifying co-defendant was harmless err and did not violate Mr. Alvarado's Sixth Amendment Right under the Confrontation Clause. Such a departure by a lower court calls for this Court's supervisory power. . . II. Was Mr. Alvarado's trial counsel ineffective for failing to safeguard Mr. Alvarado's Sixth Amendment right to Confront an adverse witness. III. Whether Martinez v. Ryan 566 U.S. 1(2012),excuse the procedural default on Mr. Alvarado's ineffective assistance of counsel claim where Mr. Alvarado's PCRA counsel declined to advance such a claim because PCRA counsel believed that Mr. Alvarado's Sixth amendment Confrontation Claim had no merit. Iv. Was there sufficient evidence of the crime of Robbery in order to support a conviction of second degree murder without a robbery victim or evidence of a robbery. | Question PLESENEED. oe cece cece nce ce cece n nec e eee

Docket Entries

2022-03-21
Petition DENIED.
2022-02-24
DISTRIBUTED for Conference of 3/18/2022.
2022-02-22
Waiver of right of respondent Tice, Supt., Somerset, et al. to respond filed.
2022-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 3, 2022)

Attorneys

Oscar Alvarado
Oscar Alvarado — Petitioner
Oscar Alvarado — Petitioner
Tice, Supt., Somerset, et al.
Nancy WinkelmanDistrict Attorney's Office, Respondent
Nancy WinkelmanDistrict Attorney's Office, Respondent