No. 23-6727

Daniel J. Erb v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al.

Lower Court: Third Circuit
Docketed: 2024-02-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process federal-law guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct
Key Terms:
HabeasCorpus
Latest Conference: 2024-03-28
Question Presented (AI Summary)

Whether the lower courts' decisions were contrary to or involved an unreasonable application of clearly established federal law and an unreasonable determination of facts in light of the evidence presented regarding the petitioner's guilty plea, prosecutorial misconduct, ineffective assistance of trial and PCRA counsel, and procedural default

Question Presented (from Petition)

QUESTION(S) PRESENTED 1. In reference to Petitioner's Guilty Plea and Prosecutorial misconduct, the decisions of the lower courts are contrary to, or involv[ing] an unreasonable application of, clearly established . Federal law as determined by the Supreme Court and, an unreasonable determination of facts in light of the evidence presented in the State Court proceeding. . . 2. In reference to ineffective assistance of trial counsel and ineffective assistance of PCRA ao counsel as cause for default, the decisions of the lower. courts are contrary to, or involv[ing] an . . unreasonable application of, clearly established Federal law as determined by the Supreme Court and, an unreasonable determination of facts in light of the evidence presented in the State Court proceeding.’ . ; ; . 3. Concerning procedural default and due diligence, the decisions of the lower courts are contrary to, or involv[ing] an unreasonable application of, clearly established Federal law as . _ determined by the Supreme Court and, an unreasonable determination of facts in light of the . ; evidence presented in the State Court proceeding. | a Bo LISTOF PARTIES =~ . 4 All parties appear in the caption of the case on the cover page. [ ] All parties do not appear in the caption of the case on the cover page. A list of : . all

Docket Entries

2024-04-01
Petition DENIED.
2024-03-13
DISTRIBUTED for Conference of 3/28/2024.
2024-03-07
Waiver of right of respondent Rivello, Supt., Huntingdon to respond filed.
2024-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 13, 2024)

Attorneys

Daniel J. Erb
Daniel Jacob Erb — Petitioner
Daniel Jacob Erb — Petitioner
Rivello, Supt., Huntingdon
Robert M FalinMontgomery County District Attorney's Office, Respondent
Robert M FalinMontgomery County District Attorney's Office, Respondent