No. 25-5127

John W. Biddle v. Administrator, New Jersey State Prison, et al.

Lower Court: Third Circuit
Docketed: 2025-07-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process fifth-amendment fourth-amendment identification-procedures prosecutorial-misconduct sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2025-09-29
Question Presented (from Petition)

1). Whether the Out-of-Court Identification Procedures violated Petitioner's Due Process Right under Neil v. Biggers, 409 U.S. 188 (1972); Manson v. Brathwaite, 432 U.S. 98 (1977); and Stovall v. Denno, 388 U.S. 293 (1967)?

2). Whether Petitioner's Fifth Amendment Right to Remain Silent was violated by the Trial Court during its jury instruction and whether the courts created an Ex Post Facto violation by utilizing instructions and cases that came after Petitioner's trial to deny him relief

3). Whether the Prosecutorial Misconduct in this case established a Napue/Giglio Violation thus violating Petitioner's Due Process Right to a Fair Trial (Napue v. Illinois, 360 U.S. 270 (1959); Giglio v. United States, 405 U.S. 150 (1972))? (Dist. Court Op. at 24-31)

4). The deliberate partial omission of the (12-page) 9-1-1 dispatch transcripts violated petitioner's due process right to a fair trial? (Dist. Court Op. At 31-33)

5). Whether Petitioner's arrest based on a lack of Probable Cause violated his Fourth Amendment Right to be free from Illegal Search and Seizure? (Dist. Court Op. at 33-34)

6). Whether Petitioner's Sixth Amendment Right to Effective Assistance of Counsel was violated when counsel misadvised and mislead Petitioner which caused Petitioner to reject a favorable plea offer? (Dist. Court Op. 34-41).

Question Presented (AI Summary)

Whether multiple constitutional violations, including due process, prosecutorial misconduct, and ineffective assistance of counsel, warrant Supreme Court review of a criminal conviction

Docket Entries

2025-10-06
Petition DENIED.
2025-08-28
DISTRIBUTED for Conference of 9/29/2025.
2025-08-28
Waiver of right of respondent Administrator, New Jersey State Prison, et al. to respond filed.
2025-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 15, 2025)

Attorneys

Administrator, New Jersey State Prison, et al.
Matthew T. MillsAtlantic County Prosecutor's Office, Respondent
John Biddle
John W. Biddle — Petitioner