No. 24-5782

Harvey Miguel Robinson v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al.

Lower Court: Third Circuit
Docketed: 2024-10-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: federal-circuit-split habeas-corpus jury-instructions legislative-interpretation sentencing-law state-court-review
Key Terms:
DueProcess HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2025-01-17
Question Presented (AI Summary)

Whether a court may instruct a jury about potential legislative changes to sentencing law, and whether a federal habeas court can substitute its own reasoning for a state court's decision

Question Presented (from Petition)

QUESTIONS PRESENTED (1) ~=Whether, under Simmons v. South Carolina, 512 U.S. 154 (1994), a court may, in the course of instructing the jury that a life sentence means life without parole, also instruct the jury that the Legislature may change that law and thus provide parole eligibility. (2) Whether, in light of Wilson v. Sellers, 584 U.S. 122 (2018), when a state court has provided a reasoned opinion explaining its decision, a federal habeas court may substitute its own reasons justifying the state court’s decision, even where those reasons contradict the state court’s actual, specific reasoning. The federal circuit courts of appeals are divided on this question. ii

Docket Entries

2025-01-21
Petition DENIED.
2025-01-02
DISTRIBUTED for Conference of 1/17/2025.
2024-12-30
Brief of Harvey Miguel Robinson in support submitted.
2024-12-30
Reply of petitioner Harvey Miguel Robinson filed. (Distributed)
2024-12-30
Reply of petitioner Harvey Robinson filed. (Distributed)
2024-12-18
Brief of respondent Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. in opposition filed.
2024-12-18
Brief of respondents Laurel Harry, et al. in opposition filed.
2024-12-17
Brief of Secretary, Pennsylvania Department of Corrections, et al. in opposition submitted.
2024-11-15
Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2024.
2024-11-14
Motion of Secretary, Pennsylvania Department of Corrections, et al. for an extension of time submitted.
2024-11-14
Motion to extend the time to file a response from November 18, 2024 to December 18, 2024, submitted to The Clerk.
2024-11-01
Waiver of Secretary, Pennsylvania Department of Corrections, et al. of right to respond submitted.
2024-10-28
Waiver of right of respondent Lehigh County Office of the District Attorney of Pennsylvania to respond filed.
2024-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 18, 2024)

Attorneys

Harvey Miguel Robinson
Eric Patrick MotylinskiFederal Defender Office for the EDPA, Petitioner
Eric Patrick MotylinskiFederal Defender Office for the EDPA, Petitioner
Secretary, Pennsylvania Department of Corrections, et al.
Ramma Rita Barakat MineoOffice of the District Attorney of Lehigh County, Respondent
Ramma Rita Barakat MineoOffice of the District Attorney of Lehigh County, Respondent