No. 25-6346

Corey Gaynor v. Ken Hollibaugh, Superintendent, State Correctional Institution at Somerset, et al.

Lower Court: Third Circuit
Docketed: 2025-12-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-violation due-process fourteenth-amendment ineffective-assistance jury-instruction sixth-amendment
Key Terms:
DueProcess FourthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2026-01-23
Question Presented (AI Summary)

Whether trial counsel was ineffective and the trial court's unconstitutional jury instruction violated the 6th and 14th Amendments and whether the Third Circuit's decisions rejecting Petitioner's claims of due process and fair trial violations were erroneous

Question Presented (OCR Extract)

1. Whether trial counsel was ineffective and the trial court s unconstitutional jury instruction derived from Pennsylvania's consolidated statute 18 Pa.C.S.A. § 6104 violated the 6th and 14th Amendments? 2. Whether the Third Circuit Federal District Courts' decisions rejecting Petitioner's claims raising violations of his rights to due process, a fair trial, and the effective assistance of counsel by the Commonwealth of Pennsylvania's use at jury trial of unnecessarily suggestive pretrial identification evidence clearly resulting in substantial risk of misidentifications, and the trial witnesses' own self-admitted misidentifications of him as the shooter in a murder case, were erroneous and involved an unreasonable determination of facts and/or resulted in decisions that are contrary to, or involved an unreasonable application of, federal law or conflict with the U.S. Supreme Court decisions and progeny of Neil v. Biggers, 409 U.S. 188(1972)?

Docket Entries

2026-01-26
Petition DENIED.
2026-01-08
DISTRIBUTED for Conference of 1/23/2026.
2026-01-07
Waiver of right of respondent Ken Hollibaugh, et al. to respond filed.
2025-11-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 12, 2026)

Attorneys

Corey Gaynor
Corey Gaynor — Petitioner
Corey Gaynor — Petitioner
Ken Hollibaugh, et al.
Katherine Elizabeth ErnstPhiladelphia District Attorney's Office, Respondent
Katherine Elizabeth ErnstPhiladelphia District Attorney's Office, Respondent