No. 24-5824

Oscar Alvarado v. Ken Hollibaugh, Superintendent, State Correctional Institution at Somerset, et al.

Lower Court: Third Circuit
Docketed: 2024-10-25
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability confrontation-clause harmless-error ineffective-counsel rule-60b1 sixth-amendment
Key Terms:
HabeasCorpus
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Did the court of appeals commit legal error in denying petitioner's certificate of appealability by finding that a jurist of reason would not debate the district court's decision to deny relief under Rule 60(b)(1) where the petitioner's Sixth Amendment rights were violated by ineffective trial counsel and the confrontation clause was misapplied?

Question Presented (OCR Extract)

QUESTIONS PRESENTED © en _ (a) DID THE COURT OF APPEALS COMMIT LEGAL ERROR IN DENYING a, "PETITIONER'S CERTIFICATE GF APPEALABILITY STATING THAT JURIST OF REASON WOULD NOT DEBATE THE DISTRICT COURT'S DECISION TO DENY RELIEF UNDER RULE 60(B)(1) OF. THE FEDERAL RULE OF CIVIL PROCEDURE. WHERE THE DISTRICT COURT RULED “THAT PETITIONER'S SIXTH _ AMENDMENT __. CONFRONTATION CLAUSE RIGHTS WERE VIOLATED, TRIAL COUNSEL WAS CONSTITUTIONALLY INEFFECTIVE, AND ANY PROCEDURAL DEFAULT CAUSED. BY . PCRA COUNSEL IS EXCUSED UNDER MARTINEZ. BUT DIDN'T PREJUDICE HIM AND MISAPPLIED THE HARMLESS ERROR ANALYSIS? 7

Docket Entries

2025-01-13
Petition DENIED.
2024-12-12
DISTRIBUTED for Conference of 1/10/2025.
2024-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2024)

Attorneys

Oscar Alvarado
Oscar Alvarado — Petitioner
Oscar Alvarado — Petitioner