No. 23-5837

Spencer Wallace v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al.

Lower Court: Third Circuit
Docketed: 2023-10-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights court-interpretation due-process francis-v-franklin judicial-review jury-instructions legal-precedent precedent statutory-provisions trial-court-instructions
Latest Conference: 2023-11-17
Question Presented (AI Summary)

Did the lower court err in holding that the trial court instruction did not violate Wallace's constitutional right to due process?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED DID THE LOWER COURT ERR WHEN IT HELD THAT THE TRIAL COURT INSTRUCTION DID NOT VIOLATE WALLACE'S CONSTITUTIONAL RIGHT TO DUE PROCESS? DID THE LOWER COURT ERR WHEN IT FAILED TO APPLY THIS COURTS PRECEDENT IN FRANCIS V. FRANKLIN, 471 U.S. 307 (1985) BY FAILING TO COMPLY WITH THIS COURTS MANDATE TO EXPLAIN AWAY THE ERRONEOUS INSTRUCTION? Ref: 2637835 Pg 11 of 21 for SPENCER WALLACE

Docket Entries

2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-10-24
Waiver of right of respondent Bobbi Jo Salamon to respond filed.
2023-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 17, 2023)
2023-08-18
Application (23A148) granted by Justice Alito extending the time to file until October 16, 2023.
2023-08-10
Application (23A148) to extend the time to file a petition for a writ of certiorari from August 31, 2023 to October 15, 2023, submitted to Justice Alito.

Attorneys

Bobbi Jo Salamon
Nancy WinkelmanDistrict Attorney's Office, Respondent
Nancy WinkelmanDistrict Attorney's Office, Respondent
Spencer Wallace
Spencer Wallace — Petitioner
Spencer Wallace — Petitioner