No. 19-7175

Curry Robinson v. Barry Smith, Superintendent, State Correctional Institution at Houtzdale, et al.

Lower Court: Third Circuit
Docketed: 2020-01-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 6th-amendment alibi alibi-claim federal-review fourteenth-amendment ineffective-assistance procedural-bar sixth-amendment
Latest Conference: 2020-02-21
Question Presented (from Petition)

I- WHETHER THE FEDERAL QUESTION OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL AS
THETPEESERVED CLAIM OF AN ALIBI WAS VAGUE?AND/OR UNEXHAUSTED THEREBY
PROCEDURALLY BARRING THE PETITIONER FROM FEDERAL REVIEW?

(a) Whether the Petitioner's 6th and 14th amendment rights were violated
wien the District court failed to determine whether Petitioner's
federal claim of ineffectiveness was properly present and not vagus?TO

(b) The district court abused its discretion when it failed
finding of whether the PCRA court based its decision
unreasonable determination of facts regarding K.M.
with respect to Petitioner's county jail stay?to make a
on a
T.M. and T.T.>

Question Presented (AI Summary)

Whether the federal question of ineffective assistance of trial counsel as the preserved claim of an alibi was vague and/or unexhausted thereby procedurally barring the petitioner from federal review?

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-29
Waiver of right of respondent Barry Smith to respond filed.
2020-01-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 5, 2020)

Attorneys

Barry Smith
Nancy WinkelmanDistrict Attorney's Office, Respondent
Curry Robinson
Curry Robinson — Petitioner