No. 19-6614

Jerome Marshall v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al.

Lower Court: Third Circuit
Docketed: 2019-11-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence constitutional-rights criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-health miranda-rights miranda-warnings post-conviction-relief procedural-default witness-credibility
Latest Conference: 2020-01-10
Question Presented (from Petition)

Whether the Third Circuit Court of Appeals erred by denying Petitioner's request for a certificate of appealability after Petitioner made a substantial showing of the denial of a Constitutional right namely that: (1) trial counsel failed to investigate the case to any reasonable degree, (2) trial counsel failed to investigate appellant's mental health and the factors that con-tributed to his mental health and failed to present those findings as they affected Petitioner's competency, mental illness, insanity and/or diminished capacity; (3) trial counsel failed to allege that Petitioner was unable to knowingly, intelligently or voluntarily waive his Miranda warnings or make a voluntary confession due to mental illness; (4) trial counsel failed to investigate the criminal background of and cross-examine Commonwealth witnesses Eugene Marshall, Jr. and his wife Irene Marshall and to look for or speak to any witnesses prior to trial; (5) PCRA counsel failed to raise several errors and failures committed by trial counsel that undermined the truth determining process, all of which deprived the proceedings of the reliability and accuracy de-manded by the procedures contained in United States Constitution.

Question Presented (AI Summary)

Whether the Third Circuit Court of Appeals erred by denying Petitioner's request for a certificate of appealability

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-12
Waiver of right of respondent John E. Wetzel, et al. to respond filed.
2019-11-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2019)

Attorneys

Jerome Marshall
Maureen CogginsMaureen Coggins, Attorney at Law, Petitioner
John E. Wetzel, et al.
Nancy WinkelmanDistrict Attorney's Office, Respondent