No. 19-5433

In Re Steven Bleau

Lower Court: N/A
Docketed: 2019-08-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence collateral-review death-penalty due-process ineffective-assistance ineffective-assistance-of-counsel martinez-exception newly-discovered-evidence sixth-amendment
Latest Conference: 2019-10-01
Question Presented (from Petition)

1) Under circumstances involving a second collateral petition presenting an actual innocence claim; is Bleau deprived of his Constitutional Rights protected by the:
a) Due Process Clause of the Fourteenth Amendment when his "newly presented" exculpatory evidence (i.e. evidence known but not presentd to the jury), is not considered "newly discovered" exculpatory evidence in the context of a Sixth Amendment violation claim of ineffective assistance of trial counsel for failing to independently investigate, interview, and present a known alibi witness with corroborating documentary evidence in a death penalty trial?;
b) Sixth Amendment when trial counsel failed to independently investigate, interview, and present a known alibi witness with corroborating documentary evidence in a death penalty trial?;
c) Due Process Clause of the Fourteenth Amendment when the Martinez exception is not considered in the evaluation of whether to provide a gateway to federal review?

Question Presented (AI Summary)

Whether Bleau was deprived of his constitutional rights under the Due Process Clause and Sixth Amendment when his newly presented exculpatory evidence was not considered as 'newly discovered' and his trial counsel failed to investigate and present a known alibi witness, and whether the Martinez exception should apply in evaluating whether to provide a gateway to federal review

Docket Entries

2019-10-07
Petition DENIED.
2019-08-20
Waiver of right of respondent District Attorney's Office of Chester County PA to respond filed.
2019-08-08
DISTRIBUTED for Conference of 10/1/2019.
2019-07-29
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

District Attorney's Office of Chester County PA
Nicholas J. Casenta Jr. — Respondent
In Re: Steven Bleau
Steven Bleau — Petitioner