No. 23-7424

Manuel Sepulveda v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al.

Lower Court: Third Circuit
Docketed: 2024-05-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review brady-violation certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-06-20
Question Presented (AI Summary)

Whether an unreasoned blanket denial of a certificate of appealability conflicts with 28 U.S.C. § 2253 and Supreme Court precedents

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Should this Court resolve a split among the courts of appeals and decide whether an unreasoned blanket denial of a certificate of appealability that fails to address whether a petitioner’s specific claims have “some merit” conflicts with 28 U.S.C. § 2253 and this Court’s precedents by effectively precluding a habeas petitioner from seeking meaningful federal appellate review? 2. Do Petitioner’s claims that trial counsel was ineffective due to his failure to investigate and present mental health evidence in support of his chosen defense and his failure to object to a jury instruction that lessened the prosecution’s burden of proof in contravention of In re Winship, and that the prosecution suppressed material, exculpatory evidence, have at least “some merit” and thus meet the standards for a COA? i

Docket Entries

2024-06-24
Petition DENIED.
2024-06-05
DISTRIBUTED for Conference of 6/20/2024.
2024-06-04
Waiver of right of respondents Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al to respond filed.
2024-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2024)
2024-03-27
Application (23A864) granted by Justice Alito extending the time to file until May 13, 2024.
2024-03-25
Application (23A864) to extend the time to file a petition for a writ of certiorari from April 11, 2024 to May 11, 2024, submitted to Justice Alito.

Attorneys

Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al
Michael MancusoMonroe County District Attorney's Office, Respondent
Michael MancusoMonroe County District Attorney's Office, Respondent
Manuel Sepulveda
Stuart Brian LevFederal Community Defenders Office , Petitioner
Stuart Brian LevFederal Community Defenders Office , Petitioner