No. 22-7827

Scott Anderson v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al.

Lower Court: Third Circuit
Docketed: 2023-06-21
Status: Denied
Type: IFP
IFP
Tags: abuse-of-discretion burden-of-proof certificate-of-appealability criminal-procedure due-process judicial-discretion legal-innocence reasonable-jurist sufficiency-of-evidence
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Is a defendant legally and factually innocent if the State fails to prove each and every element of the crime?

Question Presented (OCR Extract)

QUESTION PRESENTED a , / Is a defendant legally and factually innocent, if the State fails to prove } | each and every element of the crime {facts}, and the facts do not ‘ | establish elements necessary for conviction, and therefore, the State . | | has not legally proven its case? And whether the Third Circuit Court | of Appeals abused its discretion by not granting a Certificate of | Appealability where reasonable jurist would have found this claim | debatable amongst jurist? | . | . Suggested Answer: yes . ;

Docket Entries

2023-10-02
Petition DENIED.
2023-08-10
DISTRIBUTED for Conference of 9/26/2023.
2023-06-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 21, 2023)
2023-04-26
Application (22A934) granted by Justice Alito extending the time to file until July 1, 2023.
2023-04-17
Application (22A934) to extend the time to file a petition for a writ of certiorari from May 2, 2023 to July 1, 2023, submitted to Justice Alito.

Attorneys

Scott Anderson
Scott Anderson — Petitioner