| 21-8091 |
Jermaine Jackson v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2022-06-08 |
Denied |
5th-amendment 6th-amendment constitutional-violation criminal-procedure due-process evidence-tampering ineffective-assistance-of-counsel post-conviction prosecutorial-misconduct trial-procedure |
Whether the Third Circuit Court of Appeals erred in finding that the defendant's constitutional rights were not violated and in not granting a new tri… |
| 21A444 |
Jermaine Jackson v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2022-02-23 |
Presumed Complete |
None |
|
| 20-1783 |
Jacob Christine v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2021-06-23 |
Denied |
and an ex-post-facto violation jury instruction errors ada-pleading-5th bagley-exception brady-violation certificate-of-appealability due-process jury-instruction pcra-hearing pinholster self-defense unavailable-declarant |
Whether the Third Circuit Court of Appeals erred in failing to issue a Certificate of Appealability or grant reargument in the instant matter |
| 20-7364 |
James Baldwin v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2021-03-08 |
Denied |
constitutional-rights criminal-procedure due-process effective-counsel equal-protection ineffective-assistance mental-disability sixth-amendment |
Whether Appellant was denied rights under the Sixth and Fourteenth Amendments |
| 19-8073 |
Kenneth Baker v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2020-03-23 |
Denied |
28-usc-2253 appellate-review certificate-of-appealability due-process habeas-corpus judicial-procedure standard-of-review statutory-interpretation supreme-court-precedent third-circuit |
Whether the Court of Appeals for the Third Circuit rendered a decision in conflict with the law of the United States Supreme Court announced in Barefo… |
| 19-7858 |
Todd Darrell Ballard v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2020-03-04 |
Denied |
14th-amendment 6th-amendment constitutional-rights due-process fourteenth-amendment ineffective-assistance-of-counsel post-conviction-relief post-sentencing procedural-rights sixth-amendment statutory-interpretation substantive-rights waiver waiver-doctrine |
Whether the Act of the General Assembly [42 Pa.C.S. § 9543 and 9544] is in violation of Appellant's substantive and procedural rights; and whether sai… |
| 19-7039 |
Kevin Lee Beam v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-12-20 |
Denied |
actual-innocence brady-violation constitutional-rights dna-evidence due-process exculpatory-evidence fair-trial fetal-dna miranda-rights right-to-fair-trial self-incrimination sentencing-statute |
Does the misguided destruction of exculpatory fetal DNA tissue evidence constitute a Brady violation? |
| 19-6833 |
Gregory Alan Rowe v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-12-03 |
Denied |
aedpa aedpa-limitations dna-testing due-process equal-protection federal-habeas-corpus federal-rules-of-civil-procedure habeas-corpus post-conviction-dna-testing post-conviction-relief state-court-interpretation state-federal-conflict |
Whether a U.S. District Court and Court of Appeals are bound by a State Supreme Court's interpretation of its own post-conviction DNA testing statute … |
| 19-6351 |
Geoffrey Elkington v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-10-23 |
Denied |
appellate-review criminal-procedure due-process evidence exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-standard state-court-deference trial-counsel |
Did the Third Circuit err in deferring to the State Court finding that Petitioner was not prejudiced by Petitioner's trial attorney failing to enter i… |
| 18-9481 |
Jerry Eugene Shrubb v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-05-30 |
Denied |
actual-innocence appeal cerebellar-degeneration constitutional-rights due-process ineffective-counsel miranda-violation petition-for-allowance-of-appeal sixth-amendment warrantless-search |
Has the Appellant been denied Due Process of Law in that no Court has reasonably observed the actual claims raised by the Appellant? |
| 18-8535 |
Daniel Arthur Heleva v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-03-22 |
Denied |
abuse-of-discretion constitutional-rights criminal-procedure defendant-representation due-process-violation ineffective-assistance ineffective-assistance-of-counsel interlocutory-appeal judicial-waiver jurisdiction prosecutorial-effectiveness prosecutorial-misconduct prosecutorial-overreach right-to-counsel trial-court-discretion waiver-of-constitutional-rights waiver-of-rights |
Whether state statutes provide pre-trial remedies for prosecutorial overreaching by interlocutory appeal, and whether defense counsel's failure to per… |
| 18-8319 |
Jason Ray Flick v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-03-07 |
Denied |
abuse-of-discretion change-of-venue fair-trial fourteenth-amendment impartial-jury jury-impartiality presumption-of-prejudice pretrial-publicity sixth-amendment |
Was petitioner denied a fair trial due to the trial court's abuse of discretion? |
| 18-7624 |
Mario Griffin v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-01-29 |
Denied |
abuse-of-discretion apprendi-v-new-jersey apprendi-violation cruel-and-unusual-punishment due-process federal-law illegal-sentence ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-integrity manifest-injustice miscarriage-of-justice sentence-enhancement sentencing |
Does the sentence imposed constitute an illegal sentence under federal law and represent a manifest injustice calling in question the integrity of the… |
| 18-6631 |
David Hollenback, Jr. v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2018-11-08 |
Denied |
certificate-of-appealability civil-rights constitutional-rights due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel jurisdiction miscarriage-of-justice state-conviction state-court-jurisdiction |
Did the Third Circuit Court of Appeals commit error by denying the petitioner a Certificate of Appealability |
| 18A294 |
Jerry Eugene Shrubb v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2018-09-19 |
Presumed Complete |
None |
|
| 18-5865 |
Gary L. Pennington v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Pennsylvania |
2018-09-04 |
Denied |
capital-offense constitutional-rights criminal-procedure due-process first-degree-murder fourteenth-amendment state-law substantive-due-process |
Whether petitioner's conviction of first degree murder violated the constitutionally protected state-created liberty interest guaranteed under the Fou… |
| 18-5312 |
Gregory Alan Rowe v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2018-07-24 |
Denied |
aedpa-limitations aedpa-tolling circuit-court-split circuit-split dna-testing due-process equal-protection equitable-tolling federal-habeas-review finality habeas-corpus post-conviction-dna post-conviction-dna-testing post-conviction-review statutory-tolling |
Does a properly filed application for post-conviction DNA testing toll AEDPA's limitation period under 28 U.S.C. §2244(d)(2)? |
| 18-5166 |
Darrell Taylor v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2018-07-06 |
Denied |
alleyne-retroactivity alleyne-v-united-states collateral-review due-process habeas-corpus ineffective-assistance-of-counsel judicial-procedure legal-interpretation retroactivity sentencing supreme-court-precedent time-limitations |
Did the Lower Courts incorrectly hold that Alleyne v. United States did not affect time limitations and held not retroactive on collateral review when… |