No. 18-9795

Gregory A. Barto v. Mark Garmon, Superintendent, State Correctional Institution at Rockview, et al.

Lower Court: Third Circuit
Docketed: 2019-06-25
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability cross-examination due-process effective-cross-examination evidence-tampering habeas-corpus procedural-default prosecutorial-misconduct sixth-amendment state-court-review sufficiency-of-evidence
Latest Conference: 2019-10-01
Question Presented (from Petition)

WHETHER THE COURT OF APPEALS DECISION TO DENY A COA CONCLUDING
THAT PETITIONER SUFFICEINCY OF EVIDENCE CLAIM WAS PROCEDURALLY
DEFAULTED BASED ON STATE COURT'S ERRONEOUS FACTS WAS CORRECT?

WHETHER PETITIONER WAS DENIED HIS RIGHT TO EFFECTIVE CROSS-
EXAMINATION UNDER THE SIXTH AMENDMENT WHEN THE STATE FAILED TO
DISCLOSE THAT AN ARRESTING STATE TROOPER WAS BEING INVESTIGATED
FOR SEXUAL ACTS CONDUCTED ON A COMPUTER DURING PETITIONER'S
TRIAL, WHICH AFTER THE STATE TROOPERS ARREST TAMPERED EVIDENCE
FROM - PETITIONER 'S CASE WAS FOUND IN THE , STATE TROOPER 'S
RESIDENCE?

Question Presented (AI Summary)

Whether the court of appeals decision to deny a COA concluding that petitioner sufficiency of evidence claim was procedurally defaulted based on state court's erroneous facts was correct?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-08
DISTRIBUTED for Conference of 10/1/2019.
2019-06-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 25, 2019)

Attorneys

Gregory A. Barto
Gregory A. Barto — Petitioner