| 25-6388 |
James W. VanDivner, Jr. v. Laurel R. Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2025-12-16 |
Pending |
certificate-of-appealability habeas-corpus heat-of-passion ineffective-assistance-counsel suppressed-evidence voluntary-manslaughter |
Should a certificate of appealability have issued, where the suppressed evidence, considered cumulatively, would have placed a burden on the Commonwea… |
| 25A533 |
James W. VanDivner, Jr. v. Laurel R. Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2025-11-07 |
Application |
capital-case certificate-of-appealability circuit-court federal-public-defender habeas-corpus post-conviction |
Whether a federal habeas petitioner may obtain a certificate of appealability when two complex areas of law intersect in a post-conviction review |
| 25-5876 |
William Housman v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2025-10-14 |
Denied |
appellate-procedure certificate-of-appealability federal-constitutional-claim judicial-review reasonable-jurists state-court-decision |
Does a state court's divided decision on the merits of a federal constitutional claim demonstrate that reasonable jurists would debate the claim's mer… |
| 25A261 |
William Housman v. David W. Sunday, Jr., Attorney General of Pennsylvania |
Third Circuit |
2025-09-04 |
Presumed Complete |
certificate-of-appealability criminal-procedure federal-review habeas-corpus state-conviction third-circuit |
Whether the Third Circuit improperly denied a certificate of appealability for a federal habeas corpus petition challenging a state criminal convictio… |
| 25-5364 |
David R. Kauffman v. United States District Court for the Western District of Pennsylvania |
Third Circuit |
2025-08-14 |
Denied |
civil-rights constitutional-violations federal-procedure judicial-misconduct mandamus-petition rule-16 |
On October 3,2023, Petitioner David Ryan Kauffman ("Mr. Kauffman ") filed
a civil action under 42 U.S.C. § 1983 in the United States District Court f… |
| 25-5309 |
Tedor Davido v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2025-08-08 |
Pending |
criminal-procedure due-process false-testimony probable-cause self-representation warrant-exception |
1. In light of this Court's recent grant of certiorari in Case v. Montana to resolve the question of whether the emergency aid exception to the warran… |
| 24A1271 |
Tedor Davido v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2025-06-23 |
Presumed Complete |
None |
|
| 24-7262 |
Richard Roland Laird v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2025-05-21 |
Denied |
aedpa circuit-split federal-review habeas-corpus merits-decision strickland-claim |
When a state court issues a reasoned merits decision on only one component of a multi-component claim, does AEDPA require federal habeas courts to def… |
| 24-1067 |
John Wetzel, et al. v. Roy L. Williams |
Third Circuit |
2025-04-09 |
Denied |
constitutional-rights death-row eighth-amendment mental-illness qualified-immunity solitary-confinement |
Was it clearly established for qualified immunity purposes that long-term solitary confinement for a death-row inmate with a mental illness violated t… |
| 24-6651 |
Michael C. Romig v. Laurel R. Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Pennsylvania |
2025-02-26 |
Denied |
constitutional-rights damages-claim due-process eleventh-amendment legal-mail-interference state-agency-immunity |
Did the Pennsylvania Supreme Court err by affirming a lower court order without discussing matters of public importance raised by Petitioner, potentia… |
| 24-6311 |
Shariff Butler, et al. v. Laurel R. Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2025-01-15 |
Denied |
court-of-appeals due-process judicial-bias precedential-decisions pro-se-litigants supreme-court-review |
Whether judicial bias, potential bribery, and conflicts with precedential decisions constitute grounds for Supreme Court review of Court of Appeals pa… |
| 24A667 |
Shariff Butler, et al. v. Laurel R. Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2025-01-08 |
Presumed Complete |
incarceration page-limit pro-se procedural-obstacles supreme-court-rules writ-of-certiorari |
Whether procedural rules governing Supreme Court filings should be interpreted flexibly for pro se incarcerated litigants facing extraordinary circums… |
| 24-6032 |
Robert Gene Rega v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2024-11-25 |
Denied |
brady-violation federal-review habeas-corpus presumption-of-correctness state-court-findings witness-cooperation |
Does the decision below, which misstates and fails to afford any presumption of correctness to a state court's factual findings in a habeas case, warr… |
| 24-5782 |
Harvey Miguel Robinson v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2024-10-18 |
Denied |
federal-circuit-split habeas-corpus jury-instructions legislative-interpretation sentencing-law state-court-review |
Whether a court may instruct a jury about potential legislative changes to sentencing law, and whether a federal habeas court can substitute its own r… |
| 24A137 |
Shariff Butler, et al. v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2024-08-06 |
Presumed Complete |
appellate-process extension-of-time incarceration pro-se supreme-court-rule writ-of-certiorari |
Whether a pro se prisoner's request for an extension of time to file a petition for writ of certiorari should be granted due to unique incarceration c… |
| 24-5217 |
Sheldon Hannibal v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2024-08-02 |
Denied |
brady-v-maryland brady-violation due-process evidence-suppression exculpatory-evidence kyles-v-whitley materiality materiality-standard prosecutorial-misconduct witness-testimony |
Whether the Third Circuit's Brady materiality test—under which suppressed evidence is immaterial if it contradicts the prosecution's trial evidence—co… |
| 23A1127 |
Sheldon Hannibal v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2024-06-20 |
Presumed Complete |
capital-case criminal-conviction federal-review habeas-corpus post-conviction-relief third-circuit |
Whether the Third Circuit Court of Appeals improperly denied a federal habeas corpus petition challenging a criminal conviction or sentence |
| 23-7639 |
Louis C. Bouie v. Pennsylvania Department of Corrections |
Pennsylvania |
2024-06-05 |
Denied |
drug-treatment-program due-process ex-post-facto executive-branch judicial-review sentencing-discretion separation-of-powers stare-decisis statutory-construction |
Did the Pennsylvania High Court unconstitutionally permit the statutory construct at 61 Pa.C.S.A. § 4105 to grant the executive branch carte blanche s… |
| 23-7424 |
Manuel Sepulveda v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2024-05-08 |
Denied |
appellate-review brady-violation certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions |
Whether an unreasoned blanket denial of a certificate of appealability conflicts with 28 U.S.C. § 2253 and Supreme Court precedents |
| 23A864 |
Manuel Sepulveda v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2024-03-27 |
Presumed Complete |
capital-case death-penalty habeas-corpus ineffective-assistance penalty-phase post-conviction |
Whether ineffective assistance of counsel during a capital case's penalty phase warrants federal habeas relief when state post-conviction proceedings … |
| 23-6962 |
Vernon D. F. Robbins v. John E. Wetzel, former Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2024-03-12 |
Denied |
administrative-remedy-exhaustion circuit-split due-process equal-protection stare-decisis administrative-exhaustion equal-protection prison-litigation-reform-act pro-se-litigation stare-decisis third-circuit-court |
Whether the United States Court of Appeals for the Third Circuit has entered a decision in conflict with the decision of the same United States Court … |
| 23-6023 |
David Sattazahn v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2023-11-15 |
Denied |
brady-disclosure brady-violation due-process giglio-disclosure giglio-v-united-states habeas-corpus plea-bargaining prosecutorial-misconduct united-states-v-bagley witness-bias witness-inducement |
Whether prosecutors must disclose inducements provided to witnesses, even in the absence of an agreement with express terms |
| 23-5528 |
Lahme Perkins v. Laurel Harry, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2023-09-06 |
Denied |
cause-and-prejudice habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-discovered-facts notice post-conviction-relief procedural-default third-circuit-court |
Did the Third Circuit Court of Appeals err in failing to grant the certificate of appealability |
| 22-7062 |
Ricardo Noble v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2023-03-22 |
Denied |
administrative-procedure civil-rights constitutional-rights cruel-and-unusual-punishment discretion-abuse due-process equal-protection prison-classification retaliation standing |
Whether it is unconstitutional for judges and prison staff to allow their personal prejudices to interfere with their ability to do their job |
| 22A817 |
Dawn Brown v. Pennsylvania Department of Corrections, et al. |
Third Circuit |
2023-03-14 |
Presumed Complete |
None |
|
| 22-6673 |
Lenwood Mason v. Laurel Harry, Acting Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2023-02-01 |
Denied |
appeals certificate-of-appealability counsel-replacement court-of-appeals district-court due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel statutory-interpretation |
Whether the court of appeals erred in denying a certificate of appealability after the district court failed to make an inquiry into a Title 18 U.S.C.… |
| 22-5904 |
Matthew S. Becker v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2022-10-25 |
Denied |
appellate-procedure certificate-of-appealability circuit-split habeas-corpus judicial-review standard-of-review standards threshold-determination |
Whether the Court should clarify and resolve the circuit split on the standards to be utilized when deciding the threshold determination on whether to… |
| 22-5808 |
Zachary Spada v. Pennsylvania Department of Corrections, et al. |
Pennsylvania |
2022-10-12 |
Denied |
8th-amendment civil-rights covid-19 covid-19-restrictions damages-claim due-process exercise-opportunities inmate-rights institutional-liability mootness mootness-doctrine standing |
Whether an inmate has a right to sue for denial of exercise and recreation opportunities during COVID-19 restrictions |
| 22-5429 |
Omar Shariff Cash v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2022-08-24 |
Denied |
brady-v-maryland circuit-split due-process harmless-error impeachment-evidence materiality standards-of-review suppressed-evidence witness-credibility |
Should this Court resolve the division among the Courts of Appeals and determine the appropriate standard for a court to apply in determining whether … |
| 22-5283 |
Gerald Funk v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2022-08-04 |
Denied |
consequences constitutional-rights guilty-plea guilty-plea-negotiation ineffective-assistance plea-negotiations plea-offer sixth-amendment trial-counsel trial-strategy |
Whether trial counsel's Sixth Amendment duties require affirmative assistance in guilty-plea decision |
| 21-7611 |
John Charles Eichinger v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2022-04-13 |
Denied |
capital-trial certificate-of-appealability due-process homicide ineffective-assistance-of-counsel plea-bargaining remorse remorse-mitigation right-to-counsel sixth-amendment |
Did the Third Circuit violate the rule of Hill v. Lockhart and wrongly deny a certificate of appealability on Petitioner's claim that counsel induced … |
| 21-7358 |
Joseph Elliott v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2022-03-14 |
Denied |
capital-case certificate-of-appealability confrontation-clause ineffective-assistance jury-selection out-of-court-statements right-to-counsel strickland-standard strickland-v-washington trial-preparation |
Whether trial counsel was ineffective under Strickland v. Washington where counsel met with petitioner for less than 15 minutes before trial |
| 21A319 |
Joseph Elliott v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2022-01-12 |
Presumed Complete |
None |
|
| 21-949 |
George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. v. Samuel Randolph |
Third Circuit |
2021-12-29 |
Denied |
continuance continuances counsel-of-choice criminal-defendant criminal-procedure forfeiture right-to-counsel sixth-amendment trial-court waiver |
Whether a criminal defendant can forfeit or waive his or her Sixth Amendment right to counsel of choice |
| 20-7997 |
John Sloan v. Pennsylvania Department of Corrections, et al. |
Third Circuit |
2021-05-12 |
Denied |
access-to-courts administrative-review civil-rights constitutional-law due-process equal-protection judicial-procedure legal-standing medical-care retaliation |
Whether the petitioner's civil rights were violated when he was denied work opportunities, retaliated against for seeking medical care, and denied due… |
| 20-7643 |
Nafis Antuan Faison v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2021-04-01 |
Denied |
28-usc-2254 arrest-warrant constitutional-standard expectation-of-privacy fourth-amendment habeas habeas-corpus minnesota-v-olson probable-cause standing third-party-residence |
Whether the federal court impermissibly added an element to the expectation-of-privacy standard for a third-party overnight guest, in violation of 28 … |
| 20-1103 |
Michael F. Kissell v. Pennsylvania Department of Corrections |
Third Circuit |
2021-02-11 |
Denied |
civil-rights hostile-environment hostile-work-environment jury-award procedural-due-process reinstatement retaliation subject-matter-jurisdiction tax-fraud title-vii |
Question not identified |
| 20-6542 |
Alfonso Percy Pew v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Pennsylvania |
2020-12-07 |
Denied |
1st-amendment 8th-amendment civil-rights due-process eighth-amendment federal-religious-land-use-institutionalized-perso federal-settlement-agreement first-amendment pro-se-litigant religious-land-use standing |
Whether the Pennsylvania state court judicial system has created a hands-off doctrine for pro se litigant's 42 U.S.C. §1983 civil-rights complaint all… |
| 20-6354 |
Richard A. Poplawski v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2020-11-17 |
Denied |
appellate-procedure civil-procedure civil-rights due-process equal-protection fee-provisions fifth-amendment in-forma-pauperis prison-litigation-reform-act standing |
Can courts strategically exempt litigants from the law to thwart test cases? |
| 20-6247 |
Jermont Cox v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2020-11-06 |
Denied |
certificate-of-appealability default-rule exculpatory-evidence habeas-corpus ineffective-assistance-of-counsel ineffective-assistance-of-trial-counsel martinez-standard martinez-v-ryan rule-60(b)(6) |
Whether a district court deciding a Rule 60(b)(6) motion in habeas corpus proceedings may ignore new exculpatory evidence when assessing the substanti… |
| 19-8320 |
Quintez Talley v. Pennsylvania Department of Corrections, et al. |
Third Circuit |
2020-04-21 |
Denied |
8th-amendment civil-rights due-process eighth-amendment excessive-fines federal-claims pleading-standards prisoner-rights pro-se-plaintiff state-law-claims supplemental-jurisdiction |
Whether the party seeking to raise the possessory evidence privilege has an absolute evidentiary privilege |
| 19-7100 |
Damon Jones v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2019-12-30 |
Dismissed |
burden-of-proof constitutional-presumption evidentiary-presumption fourteenth-amendment jury-instructions sixth-amendment specific-intent transferred-intent |
Are the Sixth and Fourteenth Amendments violated where in a case tried and presented under the transferred intent theory the jury is not instructed on… |
| 19-6614 |
Jerome Marshall v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2019-11-13 |
Denied |
actual-innocence constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health miranda-rights miranda-warnings post-conviction-relief procedural-default witness-credibility |
Whether the Third Circuit Court of Appeals erred by denying Petitioner's request for a certificate of appealability |
| 19-6194 |
William Edward Sneed v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2019-10-07 |
Denied |
batson-challenge batson-v-kentucky certificate-of-appealability equal-protection ineffective-assistance ineffective-assistance-of-counsel intentional-discrimination juror-discrimination racial-bias racial-discrimination third-circuit-court-of-appeals |
In light of the post-conviction court's finding of intentional discrimination—a finding that has not been challenged by any reviewing court—did the Th… |
| 19-5607 |
Felix Summers v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2019-08-23 |
Denied |
confrontation-clause constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence right-to-counsel sixth-amendment |
Denial of Sixth Amendment right of confrontation |
| 18M162 |
Samuel Randolph, IV v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2019-05-01 |
Presumed Complete |
None |
|
| 18A590 |
Lawrence T. White v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2018-12-07 |
Presumed Complete |
None |
|
| 18-6872 |
Seifullah Abdul-Salaam v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2018-11-29 |
Denied |
aedpa brady-rule brady-v-maryland brady-violation certificate-of-appealability due-process exculpatory-evidence exhaustion-of-remedies habeas-corpus habeas-corpus-review litigation-conduct nonexhaustion-defense state-post-conviction suppression-of-evidence |
Can a nonexhaustion defense be deemed expressly waived based on a party's litigation conduct? |
| 18-5877 |
Levi Lapp Stoltzfoos v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2018-09-04 |
Denied |
cash-deposit civil-rights constitutional-challenge criminal-law criminal-mens-rea due-process financial-institution financial-institutions mens-rea money-laundering overbreadth overbroad-statute statutory-interpretation |
Is 18 Pa. C.S. § 5111(a)(8) unconstitutionally overbroad? |
| 18A79 |
Levi Lapp Stoltzfoos v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2018-07-20 |
Presumed Complete |
None |
|
| 18-5255 |
Jerome Gibson v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al. |
Third Circuit |
2018-07-18 |
Denied |
brady-claim brady-v-maryland credibility de-novo-review due-process evidence-suppression investigation kyles-standard kyles-v-whitley materiality materiality-test police-investigation reliability suppressed-evidence witness-credibility |
Whether the suppression of evidence of inducements provided to Commonwealth witnesses violates Brady v. Maryland, where the defense could have used th… |