No. 22-7085

Rodolfo Godinez v. Steven Johnson, Administrator, New Jersey State Prison, et al.

Lower Court: Third Circuit
Docketed: 2023-03-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure-miranda due-process fair-trial gang-evidence gang-expert-testimony ineffective-assistance ineffective-assistance-of-counsel insufficient-evidence media-exposure miranda-rights sixth-amendment
Latest Conference: 2023-04-28
Question Presented (from Petition)

1. Whether the Appellant's Pre-Miranda Statements was obtained in violation of Miranda v. Arizona., 384 U.S. 436 (1966)?

2. Whether the prosecutor's summation exceeded the standards enunciated in Darden v. Wainwright , All U.S. 168 (1986) and whether this summation violated Appellant's due process right to a fair trial

3. Whether the district court's decision on ineffective assistance of counsel claims contrary to Strickland v. Washington, 466 U.S. 668 (1984) and whether the Appellant's rights were violated by this

4. Whether the district court failure to utilize the Jackson v. Virginia, 443 U.S. 307 (1979) standard in analyzing Appellant's insufficient evidence claim a violation of Appellant's right to a fair trial

5. Whether the testimony of the state's gang expert witness (and testimony of gang affiliation) violated Appellant's due process right to a fair trial and whether the district court erred in denying this issue

6. Whether the district court decision contrary to Appellant's sixth amendment right to a fair trial when the state was allowed to introduced testimony/ evidence of an uncharged crime?

7. Whether the Extensive Media Exposure and Publicity impacted the fairness of the trial and whether district court decision was contrary to Shepard v. Maxwell, 384 U.S. 333 (1966) and Irvin v. Dowd, 366 U.S. 717 (1961)?

Question Presented (AI Summary)

Whether the Appellant's Pre-Miranda Statements was obtained in violation of Miranda v. Arizona

Docket Entries

2023-05-01
Petition DENIED.
2023-04-13
DISTRIBUTED for Conference of 4/28/2023.
2023-04-12
Waiver of right of respondent Steven Johnson, Administrator, NJ State Prison, et al to respond filed.
2023-03-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2023)

Attorneys

Rodolfo Godinez
Rodolfo Godinez — Petitioner
Steven Johnson, Administrator, NJ State Prison, et al
Frank J. DucoatEssex County Prosecutor's Office, Respondent