No. 23-1287

Ian Brenner v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al.

Lower Court: Third Circuit
Docketed: 2024-06-10
Status: Denied
Type: Paid
Response Waived
Tags: certificate-of-appealability civil-procedure confrontation-clause consent due-process ineffective-assistance jurisdiction magistrate magistrate-jurisdiction standing strickland-standard surrogate-expert
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether denial of a Certificate of Appealability is proper when the magistrate judge who entered judgment lacked jurisdiction because the Petitioner did not consent to proceed before that magistrate?

Question Presented (from Petition)

QUESTIONS PRESENTED a. Whether denial of a Certificate of Appealability is proper when the magistrate judge who entered judgment lacked jurisdiction because the Petitioner did not consent to proceed before that magistrate? b. Whether counsel was ineffective for not objecting on Sixth Amendment Confrontation Clause grounds to the prosecution presenting testimony by a surrogate expert conveying the _ testimonial statements and report of a non-testifying analyst and the substitute expert was not involved in the testing and merely adopted the non-testifying expert’s analysis in creating a report? c. Whether it is an unreasonable application of Strickland to deny an ineffectiveness claim based solely on the failure to present original trial counsel at a hearing?

Docket Entries

2024-10-07
Petition DENIED.
2024-07-24
DISTRIBUTED for Conference of 9/30/2024.
2024-07-09
Waiver of Michael Overmeyer, et al. of right to respond submitted.
2024-07-09
Waiver of right of respondent Michael Overmeyer, et al. to respond filed.
2024-06-06

Attorneys

Ian Brenner
James Andrew SalemmeTucker Arensberg, P.C., Petitioner
James Andrew SalemmeTucker Arensberg, P.C., Petitioner
Michael Overmeyer, et al.
James Edward ZamkotowiczYork County District Attorney's Office, Respondent
James Edward ZamkotowiczYork County District Attorney's Office, Respondent