No. 25-5398

Ricky L. Miller, Jr. v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al.

Lower Court: Third Circuit
Docketed: 2025-08-19
Status: Rehearing
Type: IFP
Relisted (2)IFP
Tags: constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2026-02-20 (distributed 2 times)
Question Presented (AI Summary)

Did the Third Circuit Court of Appeals violate Sixth Amendment and Fourteenth Amendment precedents by upholding Pennsylvania's Rule 590(c) regarding jury trial rights and degree of guilt hearings?

Question Presented (OCR Extract)

(1) DID THE THIRD CIRCUIT COURT OF APPEALS IN VIOLATION OF A MYRIAD OF SUPREME COURT SIXTH AMENDMENT RIGHT TO TRIAL BY JURY PRECEDENTS MISAPPREHEND THE FACTS AND FAIL TO FIND PENNSYLVANIA ’S RULE 590 (C) UNCONSTITUTIONAL IN GRANTING THE PROSECUTION THE RIGHT TO WAIVE TRIAL BY JURY AT THE DEGREE OF GUILT HEARING WITHOUT GRANTING PETITIONER A RECIPROCAL RIGHT TO DEMAND A TRIAL BY JURY AT THE DEGREE OF GUILT HEARING? (2) DID THE THIRD CIRCUIT COURT OF APPEALS IN VIOLATION OF SUPREME COURT PRECEDENTS GUARANTEEING A CRIMINAL DEFENDANT THE RIGHT TO DUE PROCESS UNDER THE FOURTEENTH AMENDMENT FAIL TO FIND THE PROCEDURE SET FORTH IN PENNSYLVANIA ’S RULE 590 (C) UNCONSTITUTIONAL IN PROCURING APPRENDI RIGHTS WHEN DEFENDANT PLEADS GUILTY TO MURDER GENERALLY?

Docket Entries

2026-01-28
DISTRIBUTED for Conference of 2/20/2026.
2025-11-13
Petition for Rehearing filed.
2025-10-20
Petition DENIED.
2025-10-02
DISTRIBUTED for Conference of 10/17/2025.
2025-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 18, 2025)

Attorneys

Ricky L. Miller, Jr.
Ricky L. Miller Jr. — Petitioner
Ricky L. Miller Jr. — Petitioner