Question Presented (AI Summary)
How should the 'one juror' standard of prejudice set forth in Wiggins v. Smith be applied where mitigation evidence would have led to both positive and negative evidence, and can a court presume every juror would reject positive evidence in favor of negative evidence?
Question Presented (OCR Extract)
QUESTIONS PRESENTED (CAPITAL CASE) 1. How should the “one juror” standard of prejudice set forth in Wiggins v. Smith be applied where the mitigation that counsel failed to investigate would have led to the development of both positive and negative evidence; can a court simply presume that every juror would have rejected the positive evidence in favor of the negative? 2. Under Brecht v. Abrahamson, where the prosecution bears the burden of proving harmless error, must a reviewing court consider the impact of the error on the proffered defense and did the Third Circuit wrongly substitute a Strickland prejudice standard where the defendant bears the burden of proof? i
2025-02-27
DISTRIBUTED for Conference of 3/21/2025.
2025-02-25
Reply of Robert Wharton submitted.
2025-02-25
Reply of petitioner Robert Wharton filed. (Distributed)
2025-02-10
Brief of Joseph Terra, Supt. SCI Phoenix in opposition submitted.
2025-02-10
Amicus brief of Pennsylvania Office of Attorney General submitted.
2025-02-10
Brief amicus curiae of Pennsylvania Office of Attorney General filed.
2025-02-10
Brief of respondent Joseph Terra, Superintendent, State Correctional Institution at Phoenix.
2024-12-18
Motion to extend the time to file a response is granted and the time is extended to and including February 10, 2025.
2024-12-17
Motion of Joseph Terra, Supt. SCI Phoenix for an extension of time submitted.
2024-12-17
Motion to extend the time to file a response from December 26, 2024 to February 10, 2025, submitted to The Clerk.
2024-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2024)
2024-10-04
Application (24A329) granted by Justice Alito extending the time to file until November 18, 2024.
2024-10-02
Application (24A329) to extend the time to file a petition for a writ of certiorari from October 17, 2024 to December 16, 2024, submitted to Justice Alito.