No. 24-5508

Jason J. Dominick v. Tina Walker, Superintendent, State Correctional Institution at Fayette

Lower Court: Third Circuit
Docketed: 2024-09-10
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: blood-pattern-analysis forensic-evidence ineffective-assistance prejudice-analysis strickland-standard trial-counsel
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2025-01-24 (distributed 2 times)
Question Presented (AI Summary)

Whether the lower courts applied an erroneous standard for determining prejudice under Strickland v. Washington when assessing the impact of trial counsel's failure to challenge forensic blood pattern evidence

Question Presented (OCR Extract)

Question(s) Presented 1. If Velma and the rest of the Scooby Doo Mystery Inc. Gang would expose junk science presented to the jury in order to preserve the reliability and credibility of forensic science in court rooms; and would determine trial counsel to be ineffective for failing to do the same; then did the lower courts employ an erroneous standard for determining prejudice under Strickland v. Washington, 466 U.S. 668, 690-691 (U.S. 1984) when they determined that Dominick’s blood pattern expert used for rebuttal must exonerate Dominick to a mathematical degree of certainty in order to demonstrate that Dominick’s defense was impaired by trial counsel’s failure to present a blood pattern expert who on appeal testified that the Commonwealth’s blood pattern evidence was neither forensically accurate, nor reliable. iii

Docket Entries

2025-01-27
Rehearing DENIED.
2025-01-08
DISTRIBUTED for Conference of 1/24/2025.
2024-11-25
Petition for Rehearing filed.
2024-11-04
Petition DENIED.
2024-10-21
Reply of petitioner Jason Dominick filed. (Distributed)
2024-10-17
DISTRIBUTED for Conference of 11/1/2024.
2024-10-02
Brief of Tina Walker, Superintendent, State Correctional Institution at Fayette in opposition submitted.
2024-10-02
Brief of respondent Tina Walker, Superintendent, State Correctional Institution at Fayette in opposition filed.
2024-10-02
Brief of respondent Tina Walker in opposition filed.
2024-08-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 10, 2024)

Attorneys

Jason J. Dominick
Jason J. Dominick — Petitioner
Tina Walker, Superintendent, State Correctional Institution at Fayette
Lisa Ann SwiftLackawanna Co. Dist. Atty., Respondent