No. 18-9555

Kenneth Thomas v. Robert Marsh, Superintendent, State Correctional Institution at Benner Township

Lower Court: Third Circuit
Docketed: 2019-06-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: autopsy-report confrontation-clause crawford-v-washington cross-examination fourteenth-amendment ineffective-assistance-of-counsel melendez-diaz-v-massachusetts sixth-amendment strickland-standard testimonial-evidence
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (from Petition)

WHETHER THIS COURT SHOULD CONSIDER IF THE INTRODUCTION OF AN AUTOPSY REPORT WHICH WAS PRESENTED AS SUBSTANTIVE EVIDENCE BUT NOT TESTIFIED TO BY ITS AUTHOR, VIOLATES THE SIXTH AND FOURTEENTH AMENDMENTS OF THE CONSTITUTION?

WHETHER THE DISTRICT COURT ERRED IN CONCLUDING THAT PETITIONER HAS FAILED TO SHOW THAT COUNSEL REPRESENTATION FELL BELOW AN OBJECTIVE STANDARD OF REASONABLENESS AS ARTICULATED IN STRICKLAND AND WAS THAT DECISION CONTRARY TO THIS COURT'S HOLDING?

Question Presented (AI Summary)

Whether the introduction of an autopsy report which was presented as substantive evidence but not testified to by its author violates the Sixth and Fourteenth Amendments of the Constitution?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-06-12
Waiver of right of respondent Marsh, Supt., Benner to respond filed.
2019-04-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2019)

Attorneys

Kenneth Thomas
Kenneth Thomas — Petitioner
Marsh, Supt., Benner
Nancy WinkelmanDistrict Attorney's Office, Respondent