No. 18-9149

John David Brookins v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al.

Lower Court: Third Circuit
Docketed: 2019-05-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: equal-protection evidence-suppression ineffective-assistance-of-counsel jury-selection peremptory-challenges prosecutorial-misconduct constitutional-rights due-process equal-protection ineffective-assistance-of-counsel ineffective-counsel jury-selection peremptory-challenges prosecutorial-misconduct
Latest Conference: 2019-05-30
Question Presented (from Petition)

[I] THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE LOWER STATE AND FEDERAL COURT DENIED THE PETITIONER OF MEANINGFUL APPELLATE REVIEW.

A. THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE COURT ERRED IN REFUSING TO OVERRULE THE COMMONWEALTH'S PEREMPTORY CHALLENGES OF THE ONLY TWO BLACK JURORS THAT WERE VOIR DIRED OUT OF EIGHTY-NINE PROSPECTIVE JURORS.

B. THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN IN THE ALTERNATIVE GIVE A. CAUTIONARY INSTRUCTION WHEN THE PROSECUTOR IN HER OPENING STATEMENT MADE THE STATEMENT THAT "THE PERSON AND/OR PERSONS WHO MURDERED SHEILA GINSBERG HAD LEFT AND BEEN LONG GONE."

THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE COURT ERRED IN REFUSING TO ORDER A MISTRIAL WHEN A COMMONWEALTH WITNESS DETECTIVE POTTS TESTIFIED THAT THE PETITIONER STATED THAT HE HAD GIVEN THE PHONY NAME BECAUSE "HE AND HIS FRIENDS HAD BEEN SMOKING CRACK IN THE HOUSE."

THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE COURT ERRED WHEN IT REFUSED TO ORDER A MISTRIAL WHEN THE COMMONWEALTH LEARNED THAT SANDRA WILSON HAD BEEN IN THE BUCK COUNTY PRISON AT THE TIME WHEN SHE TESTIFIED THAT SHE HAD MADE CERTAIN OBSERVATIONS.

THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE COMMONWEALTH KNOWLEDGE OF PERJURED TESTIMONY MADE REFERENCES IN COMMONWEALTH CLOSING ALL DEFENSE WITNESSES SHOULD BE VIEWED AS TAINTED, THE COURT ERRED BY REFUSING TO GRANT MISTRIAL OR GIVE CAUTIONARY INSTRUCTION TO THE JURY

THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE COURT ERRED IN NOT GRANTING THE PETITIONER'S MOTION TO EXCLUDE NEGROID HAIRS AT THE CRIME SCENE, AS THESE HAIRS WERE FRAGANENTS AND WERE NOT SUITABLE FOR COMPARISON TO ANY OTHER NEGROID HAIRS OR TO ONE ANOTHER

THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE COURT ERRED IN NOT SUPPRESSING STATEMENTS ALLEGEDLY MADE BY THE PETITIONER ON APRIL 2, 1991, MAY 2, 1991, AND JUNE 14, 1991, THE PROCEDURE AND PRACTICE OF MIRANDA WARNINGS WERE NOT GIVEN NOR PRACTICE, AND OBSTRUCTED JUSTICE

THE PETITIONER'S CONSTITUTIONAL RIGHTS OF DUE PROCESS AND EQUAL PROTECTION OF THE LAW WERE VIOLATED WHEN THE COMMONWEALTH REFERRED TO ANOTHER DEFENSE

Question Presented (AI Summary)

Whether the petitioner's constitutional rights of due process and equal protection were violated in the lower court proceedings

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-08
Waiver of right of respondents Tammy Ferguson, Superintendent, Graterford SCI, et al. to respond filed.
2019-05-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 5, 2019)

Attorneys

John David Brookins
John David Brookins — Petitioner
Tammy Ferguson, Superintendent, Graterford SCI, et al.
Jill Marie GrazianoBucks County District Attorney's Office, Respondent