No. 22-7538

Dominic Souto Diaz v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al.

Lower Court: Third Circuit
Docketed: 2023-05-12
Status: Denied
Type: IFP
IFP
Tags: brady-claim evidence-misrepresentation gateway-claim ineffective-assistance ineffective-assistance-of-counsel innocence new-evidence pcra-counsel phone-records procedural-default
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Did the Court of Appeals err when it ruled Appellant's gateway claim of innocence was not new evidence?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1)Did the Court of Appeals err when it ruled Appellant's gateway claim of innocence was not new evidence? Was PCRA counsel ineffective for not investigating the phone records and not showing : proof that it would have been impossible to have committed this crime? (2). Did the Court of Appeals err when it found Appellant's Brady claim meritless and accorded the State Court deference? (3). Did the Court of Appeals err when it found Appellant's ineffective assistance of counsel claim in regards to trial counsel failing to object to the commonwealth misrepresenting the phone evidence meritless and. not debatable? (4). Was PCRA counsel ineffective for not developing claim three and developing the claim that trial counsel was ineffective for not objecting to the commonwealth misrepresenting and putting on , false evidence in closing arguments? (5). Was PCRA counsel ineffective for not arguing trial counsel was ineffective for not impeaching Javon Martin with lies and inconsistencies. Was the District Court in error when it ruled that Appellant brought this claim to the state Court's but failed to appeal it to the Superior Court.If not was PCRA counsel error cause for the procedural default? “a at .

Docket Entries

2023-10-02
Petition DENIED.
2023-06-22
DISTRIBUTED for Conference of 9/26/2023.
2023-02-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 12, 2023)

Attorneys

Dominic S. Diaz
Dominic Souto Diaz — Petitioner
Dominic Souto Diaz — Petitioner