No. 22-6319

Francis Boyd v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al.

Lower Court: Third Circuit
Docketed: 2022-12-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure due-process ineffective-assistance-of-counsel jury-instructions second-degree-murder third-degree-murder
Key Terms:
DueProcess
Latest Conference: 2023-01-20
Question Presented (AI Summary)

Did the Third Circuit Court of Appeals misconstrue petitioner's question concerning his claim(s) in denying his petition for a rehearing/rehearing en banc?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 4), DID THE THIRD CIRCUIT COURT OF APPEALS MISCONSTRUE PETITIONER'S . QUESTION CONCERNING HIS CLAIM(S) IN DENYING HIS PETITION . FOR a _.. REHEARING/REHEARING IN BANC. 7 2). CAN A TRIAL JUDGE INSTRUCT A JURY DURING A JURY CHARGE, THAT THEY CANNOT FIND A DEFENDANT GUILTY OF A CERTAIN DEGREE OF MURDER EVEN : THOUGH THE DEFENDANT WAS CHARGED WITH THAT DEGREE OF MURDER? : 3). CAN A TRIAL JUDGE GIVE AN ERRONEOUS JURY CHARGE ON THIRD DEGREE MURDER THE SECOND TIME AROUND, AFTER GIVING THE CORRECT ONE SG DURING THE FIRST CHARGE, AFTER THE JURY. ASKED FOR A RECHARGE ON | FIRST, SECON AND THIRD DEGREE MURDER? oe ot . : 4). CAN A TRIAL JUDGE, IN CHARGING A JURY ON THE DEGREES OF MURDER, oo _ MIX THE ELEMENTS OF SECOND-DEGREE MURDER INTO THE CHARGE.OF THIRD , DEGREE MURDER? : oo oe

Docket Entries

2023-01-23
Petition DENIED
2023-01-23
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2023-01-05
DISTRIBUTED for Conference of 1/20/2023.
2022-12-28
Waiver of right of respondents Salamon, Supt., et al. to respond filed.
2022-10-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2023)

Attorneys

Francis Boyd
Francis Boyd — Petitioner
Francis Boyd — Petitioner
Salamon, Supt., et al.
Nancy WinkelmanDistrict Attorney's Office, Respondent
Nancy WinkelmanDistrict Attorney's Office, Respondent