No. 23-5471

Scott A. Shreffler v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2023-08-29
Status: Denied
Type: IFP
IFP
Tags: appellate-procedure civil-procedure clerical-error due-process evidentiary-hearing houston-v-lack notice-of-appeal prisoner-mailbox-rule pro-se-filing timeliness
Key Terms:
DueProcess
Latest Conference: 2023-10-27
Question Presented (AI Summary)

Whether the Pennsylvania appellate court erred in dismissing the petitioner's appeal for untimely filing of notice of appeal

Question Presented (OCR Extract)

QUESTION(S) PRESENTED QUESTION I: | WHETHER THE PENNSYLVANIA APPELLATE COURT ERRED IN DISMISSING THE PETITIONER'S APPEAL FOR UNTIMELY FILING OF NOTICE OF APPEAL, BASED ON PETITIONER'S ADMITTED | CLERICAL ERROR OF MISDATING THE NOTICE OF APPEAL AS ONE | DAY LATE, AND THEREBY USING PETITIONER'S CLERICAL ERROR AS | A BASIS TO REJECT/NEGATE REASONABLY VERIFIABLE PROOF | PRESENTED THAT THE NOTICE OF APPEAL WAS "ACTUALLY" FILED | ON THE LAST DAY OF TIMELINESS, PURSUANT TO THE "PRISONER MAILBOX RULE", HOUSTON V. LACK AND IT'S PROGENY? QUESTION II: © WHETHER THE PENNSYLVANIA APPELLATE COURT ERRED IN DISMISSING PETITIONER'S APPEAL FOR UNTIMELY FILING : OF NOTICE OF APPEAL WITHOUT REMANDING FOR AN EVIDENTIARY HEARING ON THE REASONABLY VERIFIABLE PROOF PRESENTED OF TIMELY FILING BY "PRISONER MAILBOX RULE", HOUSTON V. LACK AND ITS PROGENY?

Docket Entries

2023-10-30
Petition DENIED.
2023-10-12
DISTRIBUTED for Conference of 10/27/2023.
2023-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2023)

Attorneys

Scott A. Shreffler
Scott A. Shreffler — Petitioner
Scott A. Shreffler — Petitioner