No. 23-5199

Duron B. Peoples v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al.

Lower Court: Third Circuit
Docketed: 2023-07-26
Status: Denied
Type: IFP
IFP
Tags: compulsory-process criminal-procedure due-process federal-courts hearsay-exception ineffective-assistance ineffective-counsel murder-conspiracy witness-testimony witness-unavailability
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Is federal due process violated where a federal court concludes that a petitioner's counsel ineffective claim lacks merit because petitioner did not show that the witness was willing to testify at trial?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. IS FEDERAL DUE PROCESS VIOLATED UNDER THE "COMPULSORY PROCESS" : WHERE A FEDERAL COURT CONCLUDES THAT A PETITIONER'S COUNSEL INEFFECTIVE CLAIM LACKS MERIT BECAUSE PETITIONER DID NOT SHOW THAT THE WITNESS WAS WILLING TO TESTIFY AT TRIAL? 2. IS FEDERAL DUE PROCESS VIOLATED WHERE A FEDERAL COURT FINDS HEARSAY REGARDING A SO MURDER CONSPIRACY, SATIFIES THE HEARSAY EXCEPTION BECAUSE IT WAS 'IN FURTHERANCE OF THE CRIME’ EVEN THOUGH THE HEARSAY PROVIDER WAS NOT INVOLVED IN THE CRIME AND THE CRIME WAS ESTABLISHED AS BEING COMPLETE?

Docket Entries

2023-10-02
Petition DENIED.
2023-09-07
DISTRIBUTED for Conference of 9/26/2023.
2023-07-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 25, 2023)

Attorneys

Duron B. Peoples
Duron B. Peoples — Petitioner
Duron B. Peoples — Petitioner