No. 18-5700

Jerry Docaj v. Steven Johnson, Administrator, New Jersey State Prison, et al.

Lower Court: Third Circuit
Docketed: 2018-08-22
Status: Denied
Type: IFP
IFP
Tags: criminal-law criminal-procedure due-process fair-trial fourteenth-amendment ineffective-assistance jury-instructions manslaughter miranda-rights passion-provocation sixth-amendment
Key Terms:
DueProcess FifthAmendment CriminalProcedure HabeasCorpus Securities
Latest Conference: 2018-10-26
Question Presented (from Petition)

Mr. Docaj seeks leave to appeal the following issues:

1) Whether the jury instruction on passion/provocation manslaughter misstated the law, unconstitutionally shifted the burden of proof, and prejudicially confused the jury in violation of Mr. Docaj's Sixth Amendment right to a fair trial and Fourteenth Amendment right to due process?

2) Whether the prosecutor in her opening statement improperly urged the jury to consider "This . . . a trial to seek justice of [sic] her death" in violation of Mr. Docaj's Sixth Amendment right to a fair trial and Fourteenth Amendment right to due process?

3) Whether Mr. Docaj's Sixth Amendment right to a fair trial and Fourteenth Amendment right to due process was violated when the detective who interrogated Mr. Docaj repeatedly testified that Mr. Docaj "was not telling the whole truth" and "was trying to hide some things?"

4) Whether Mr. Docaj's Fifth Amendment right to remain silent and Sixth Amendment right to a fair trial and Fourteenth Amendment right to due process was violated by the trial judge telling the jury, as to Mr. Docaj's statement, that it had already ruled on "the question of Miranda rights?"

5) Whether the emergency-medical technician repeatedly characterizing the shooting as a "murder" violated Mr. Docaj's Sixth Amendment right to a fair trial and Fourteenth Amendment right to due process?

6) Whether Mr. Docaj's Sixth Amendment right to a fair trial and Fourteenth Amendment right to due process was violated by a police detective reading a passage from a bible found during the search of Mr. Docaj's home?

7) Whether trial counsel's failure to request a competency hearing or, in the alternative, request an adjournment until Mr. Docaj was competent, along with the failure to object to the errors raised in grounds One, Four, Five and Six, along with other pretrial and trial errors, constitutes ineffective assistance of counsel as guaranteed by the Sixth Amendment?

8) Whether the trial was so riddled with errors that their cumulative effect rendered the trial unfair in violation of Mr. Docaj's Sixth Amendment right to a fair trial and Fourteenth Amendment right to due process?

Question Presented (AI Summary)

Whether the jury instruction on passion/provocation manslaughter misstated the law

Docket Entries

2018-10-29
Petition DENIED.
2018-10-04
DISTRIBUTED for Conference of 10/26/2018.
2018-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2018)

Attorneys

Jerry Docaj
John Vincent SaykanicAttorney at Law, Petitioner
Steven Johnson, Administrator, New Jersey State Prison, et al
Catherine A. FoddaiBERGEN COUNTY PROS. OFFICE, Respondent