No. 18-8576

Yusef Allen v. Steven Johnson, Administrator, New Jersey State Prison, et al.

Lower Court: Third Circuit
Docketed: 2019-03-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-requirements brady-violation constitutional-rights conviction conviction-integrity criminal-conviction criminal-justice-system due-process integrity integrity-of-justice judicial-review prosecutorial-ethics prosecutorial-misconduct
Key Terms:
DueProcess
Latest Conference: 2019-04-26
Question Presented (from Petition)

The main question in this petition is whether the gross
actions of prosecutorial misconduct were so egregious as to
render the defendant's conviction unconstitutional. Does a
prosecutor have a greater obligation than simply meeting Brady
requirements. Prosecutorial misconduct is a critical issue for
the integrity of the criminal justice system.

The majority of New Jersey prosecutors successfully
discharge the obligations requisite in their two roles: acting
both as advocates in seeking convictions and as ministers of
justice, charged with using only fair methods to prosecute those
they believe are guilty. However, some prosecutors have let their
advocacy role prevail to the extent of using deceptive
and unfair tactics to secure convictions. The critical issue
is then presented; does the egregious prosecutorial misconduct in
this case justify permitting an unconstitutional conviction
stand?

Question Presented (AI Summary)

Whether the gross actions of prosecutorial misconduct were so egregious as to render the defendant's conviction unconstitutional

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-08
Waiver of right of respondents The Administrator of the New Jersey State Prison; The Attorney General of the State of New Jersey to respond filed.
2019-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2019)

Attorneys

The Administrator of the New Jersey State Prison; The Attorney General of the State of New Jersey
Michele C. BuckleyUnion County Prosecutor's Office, Respondent
Yusef Allen
Theodore SliwinskiTheodore Sliwinski, Esq., Petitioner