No. 24-6628

Adrin Smack v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al.

Lower Court: Third Circuit
Docketed: 2025-02-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof disputed-facts due-process fourteenth-amendment preponderance-of-evidence sentencing
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2025-03-28
Question Presented (AI Summary)

Was Petitioner's Fourteenth Amendment due process right violated when a Delaware State Sentencing Court applied a minimal indicia of reliability burden of proof to resolve disputed facts at Petitioner's sentencing hearing, rather than the preponderance of the evidence standard which Petitioner asserted was required to comply with due process?

Question Presented (OCR Extract)

Was Petitioner’s Fourteenth Amendment due process r ight violated when a Delaware State Sentencing Court applied a minimal indicia of relia bility burden of proof to resolve disputed facts at Petitioner’s sentencing hearing, rather than the preponderance of the evidence standard which Petitioner asserted was required to comply with due process? i

Docket Entries

2025-03-31
Petition DENIED.
2025-03-13
DISTRIBUTED for Conference of 3/28/2025.
2025-02-28
Waiver of right of respondent Mernadette Mason, Superintendent, et al. to respond filed.
2025-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 26, 2025)

Attorneys

Adrin Smack
Christopher Stephen KoysteLaw Office of Christopher. S. Koyste, LLC, Petitioner
Mernadette Mason, Superintendent, et al.
Andrew J. VellaDelaware Attorney General's Office, Respondent