No. 25-6388
James W. VanDivner, Jr. v. Laurel R. Harry, Secretary, Pennsylvania Department of Corrections, et al.
Response WaivedIFP
Tags: certificate-of-appealability habeas-corpus heat-of-passion ineffective-assistance-counsel suppressed-evidence voluntary-manslaughter
Latest Conference:
2026-02-20
Question Presented (from Petition)
Should a certificate of appealability have issued, where the suppressed evidence, considered cumulatively, would have placed a burden on the Commonwealth to disprove heat of passion and would have provided threshold support for trial counsel's voluntary manslaughter instruction request?
Question Presented (AI Summary)
Should a certificate of appealability have issued, where the suppressed evidence, considered cumulatively, would have placed a burden on the Commonwealth to disprove heat of passion and would have provided threshold support for trial counsel's voluntary manslaughter instruction request?
Docket Entries
2026-02-23
Petition DENIED.
2026-01-15
DISTRIBUTED for Conference of 2/20/2026.
2026-01-09
Waiver of right of respondent Laurel Harry, et al. to respond filed.
2025-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 15, 2026)
2025-11-10
Application (25A533) granted by Justice Alito extending the time to file until December 12, 2025.
2025-10-29
Application (25A533) to extend the time to file a petition for a writ of certiorari from November 12, 2025 to January 11, 2026, submitted to Justice Alito.
Attorneys
James VanDivner, Jr.
Kirk James Henderson — Federal Public Defender, Petitioner
Laurel Harry, et al.