No. 23-6848

Stewart Smith v. Laurel Harry, Superintendent, State Correctional Institution at Camp Hill, et al.

Lower Court: Third Circuit
Docketed: 2024-02-28
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: bias certificate-of-appealability constitutional-rights due-process habeas-corpus habeas-relief ineffective-assistance-of-counsel partial-pcra-jurist pro-se procedural-default prosecutorial-misconduct
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-09-30 (distributed 2 times)
Question Presented (AI Summary)

Was petitioner's guilty verdict obtained and sustained in violation of due process, prosecutorial misconduct, ineffective assistance of counsel, bias, partial PCRA jurist warranting habeas relief where the district court failed to liberally construe pro se petition which provided cause to excuse his defaulted claims?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW WAS PETITIONER'S GUILTY VERDICT OBTAINED AND SUSTAINED IN VIOLATION OF DUE PROCESS, PROSECUTORIAL MISCONDUCT, INEFFECTIVE ASSISTANCE OF COUNSEL, BIAS, . PARTIAL PCRA JURIST WARRANTING HABEAS RELIEF WHERE THE DISTRICT COURT FAILED TO LIBERALLY CONTRUE PRO SE PETITION WHICH PROVIDED CAUSE TO EXCUSE HIS DEFAULTED CLAIMS? DID THE COURTS BELOW COMMIT REVERSIBLYERROR DENYING PETITIONER'S CERTIFICATE OF APPEALABILITY ("COA") ON THE ISSUE OF CUASE TO EXCUSE HIS PROCEDURALY DEFAULTED CLAIMS WHERE PETITIONER PROVIDED CAUSE IN, INTER ALIA, HIS HABEAS PETITION CLAIM SEVEN? DID THE COURTS BELOW COMMIT REVERSIBLE ERROR DENYING PETITIONER'S HABEAS PETITION WHEN IT FAILED TO LIBERALLY CONTRUE PETITION WITHOUT CONDUCTING AN EVIDENTIARY HEARING ON BOTH HIS CLAIMS AND CAUSE TO EXCUSE HIS PROCEDURALLY DEFAULTED CLAIMS? PARTIE TO THE PROCEEDINGS STEWART C. SMITH, QP-1672 SCI CAMP HILL P.O. BOX 200 CAMP HILL, PA 17001-0200 PRO SE REPRESENTATION Fj FRANCIS T. CHARDO, DISTRICT ATTORNEY | DAUPHIN COUNTY DISTRICT ATTORNEY'S OFFICE J 101 MARKET STREET O HARRISBURG, PA 17101 RESPONDENT i 7 . df TABLEOF CONTENTS CONTENTS PAGE(S Questions presented for review i

Docket Entries

2024-10-07
Rehearing DENIED.
2024-09-11
DISTRIBUTED for Conference of 9/30/2024.
2024-05-21
Petition for Rehearing filed.
2024-04-29
Petition DENIED.
2024-04-11
DISTRIBUTED for Conference of 4/26/2024.
2023-12-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2024)
2023-08-31
Application (23A199) granted by Justice Alito extending the time to file until December 22, 2023.
2023-08-23
Application (23A199) to extend the time to file a petition for a writ of certiorari from October 23, 2023 to December 22, 2023, submitted to Justice Alito.

Attorneys

Stewart Smith
Stewart Smith — Petitioner