No. 19-7146

David Rapoport v. Robert Gilmore, Superintendent, State Correctional Institution at Greene, et al.

Lower Court: Third Circuit
Docketed: 2020-01-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver criminal-procedure criminal-procedure-ineffective-assistance-of-couns death-penalty due-process guilty-plea ineffective-assistance life-without-parole plea-bargaining sentencing waiver-of-appeal-rights
Key Terms:
DueProcess Punishment HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2020-02-21
Question Presented (from Petition)

1. Was the petitioner's counsel ineffective in pre-trial stages?

2. Was the petitioner's counsel ineffective during the plea-bargaining process?

3. Do trial counsels' ineffective assistance and the trial Court's failure to conduct an on-the-record colloquy render petitioner's waiver of appeal rights unknowing, unintelligent, and involuntary?

4. Does trial counsel's ineffective assistance render the petitioner's guilty plea agreement unknowing, unintelligent, and involuntary?

5. Is a sentence of life without parole (and an unknowing, unintelligent, and involutary waiver of all appeal rights) and all the relevant consequences of a sentence of life without parole a lesser punishment than a death penalty and all the relevant consequences?

Question Presented (AI Summary)

Was the petitioner's counsel ineffective in pre-trial stages?

Docket Entries

2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-01-28
Waiver of right of respondent Lehigh County Office of the District Attorney, Pennsylvania to respond filed.
2019-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 3, 2020)

Attorneys

David Rapoport
David Rapoport — Petitioner
Lehigh County Office of the District Attorney, Pennsylvania
James B. MartinOffice of the District Attorney, County of Lehigh, Pennsylvania, Respondent