No. 21-7437

Steven Hutchinson v. Michael Zaken, Superintendent, State Correctional Institution at Greene, et al.

Lower Court: Third Circuit
Docketed: 2022-03-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: batson-challenge Batson-v-Kentucky constitutional-violation ineffective-assistance ineffective-assistance-of-counsel jury-selection presumption-of-prejudice racial-discrimination strickland-standard Strickland-v-Washington
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-04-29
Question Presented (AI Summary)

Should prejudice under Strickland v. Washington be presumed for an ineffective-assistance-of-counsel claim based on counsel's failure to object to unconstitutional racial-discrimination during jury-selection in violation of Batson v. Kentucky?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Should prejudice under Strickland v. Washington, 466 U.S. 668 (1984), be presumed for an claim based on counsel’s failure to object to unconstitutional racial discrimination during jury selection in violation of Batson v. Kentucky, 476 U.S. 79 (1986)? 2. In the event that Strickland prejudice should not be presumed under such circumstances, is Strickland prejudice shown where the petitioner establishes a reasonable probability that, but for trial counsel’s failure to raise a Batson challenge, a Batson challenge would have been successful? i

Docket Entries

2022-05-02
Petition DENIED.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-04-08
Waiver of right of respondent Michael Zaken, Superintendent Greene SCI, et al. to respond filed.
2022-03-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 21, 2022)
2022-01-28
Application (21A366) granted by Justice Alito extending the time to file until March 24, 2022.
2022-01-21
Application (21A366) to extend the time to file a petition for a writ of certiorari from February 7, 2022 to March 24, 2022, submitted to Justice Alito.

Attorneys

Michael Zaken, Superintendent Greene SCI, et al.
Nancy WinkelmanDistrict Attorney's Office, Respondent
Nancy WinkelmanDistrict Attorney's Office, Respondent
Steven Hutchinson
Joel MandelmanFederal Community Defender Office, Petitioner
Joel MandelmanFederal Community Defender Office, Petitioner