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
Key Terms:
DueProcess CriminalProcedure HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-04-28
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Appellant's Pre-Miranda Statements was obtained in violation of Miranda vy. Arizona, 384 U.S. 436 (1966)? 2. Whether the prosecutor's summation exceeded the standards enunciated in Darden v. Wainwright, 477 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)? ! PARTIES The Appellant is Rodolfo Godinez a prisoner at New Jersey State Prison, P.O. Box 861, Trenton, New Jersey. The Appellees are the New Jersey Attorney General at Richard J. Hughes Justice Complex, P.O. Box 085, Trenton, New Jersey, 08625 and the Administrator of New Jersey State Prison located at P.O. Box 861, Trenton, New Jersey 08625. CORPORATE DISCLOSURE There are no corporate entities involved in this case. RELATED CASES ; Godinez v. Administrator. et al, C.A. No: 22-2338, (3 Cir. January 4, 2023) Order of the United States Court of Appeals for the Third Circuit denying Petition for Rehearing and Rehearing en Banc, Godinez v. Administrator, et al., C.A. No: 22-2338 (3 Cir. December 1, 2022), Order of the United States Court of Appeals for the Third Circuit denying COA Godinez v. Johnson. ei al, Civil Action No:. 2:18-cv-15402 (KM) (D.N.J. June 27, 2021), Opinion of the United States District Court denying Habeas Corpus Relief, State v. Godinez, 233 N.J. 603 (2018), Order of the New Jersey State Supreme Court denying Certification from Post-Conviction Relief, State v. Godinez, A-3972-15T1; 2018 N.J. Super. Unpub. LEXTS 45 (App. Div. January 9, 2018) Opinion of the Superior Court of New Jersey, Appellate Division affirming the denial of PCR 4i State v. Godinez, 220 N.J. 40 (2014), Order of the New Jersey State Supreme Court denying Certification from Direct Appeal State v. Godinez, A-6205-09T4; 2014 N.J. Super. Unpub. LEXTS 729 (App. Div. April 2, 2014) Opinion of the Superior Court of New Jersey, Appellate Division on Direct Appeal State v. Godinez, Indictment No: 08-09-02688-I (Law Div. January 5, 2010) Opinion of the Superior Court of New Jersey, Essex County Decision on Motion to Suppress Statement State v. Godinez, Indictment No: 08-09-02688-I, (Law Div. March 15, 2010) Opinion of the Superior Court of New Jersey, Essex County Decision on Motion to Exclude all References to, and Expert Testimony on, the MS-13 Street Gang in)

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