No. 19-7688

Ricardo Noble v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2020-02-18
Status: Denied
Type: IFP
Response RequestedRelisted (2)IFP
Tags: civil-rights constitutional-rights due-process ineffective-assistance-of-counsel juvenile-justice juvenile-transfer miller-standard miller-v-alabama rehabilitation rehabilitation-needs sentencing sentencing-discretion transfer
Key Terms:
DueProcess Securities Privacy
Latest Conference: 2020-09-29 (distributed 2 times)
Question Presented (from Petition)

The fact, issues, and evidence related to a juvenile lifer's decertification (Transfer) decision are relevant to said Juvenile Lifer's Resentencing. The decertification (Transfer) decision presents the Sentencing option of light sentence as a Juvenile and an entirely long sentence as an adult, see, Miller v. Alabama, 132 S.Ct. 2455 (2012); Alleyne v. U.S. (133 S.Ct. 2151 (2013); Com v. Munday, 7E A.3d 661 (Pa. Super. 2013).

DID UNSUPPORTED DECERTIFICATION RENDER PETITIONER'S SENTENCE AND CONVICTION UNCONSTITUTIONAL SENTENCE, RATHER APPEARS.

DID COURT ERR IN APPOINTING PETITIONER TO MAKE DIAGNOSIS APPOINTED SPECIALIST WASN'T QUALIFIED TO DO, THUS FAILING TO ADDRESS PETITIONER'S POSSIBLE AND/OR ACTUAL REHABILITATIVE NEEDS?

DID COURT ERR/ABUSE ITS DISCRETION AT JUVENILE LIFER RESENTENCING HEARING BY FAILING TO ALLOW PETITIONER TO ADDRESS/CORRECT FALSE AND MISLEADING DOCUMENTS/AVERMENTS MADE AGAINST PETITIONER BY PETITIONER'S ATTORNEY AND PROSECUTION IN THEIR SENTENCING MEMORANDUMS?

DID MITIGATION SPECIALIST ERR AND PREJUDICE PETITIONER BY PROVIDING INCOMPLETE EVALUATION AND REPORT WITH FALSE/MISLEADING INFORMATION AND GIVEN UNDER MEANING WEAK TESTIMONY?

DID COURT REPORTER ERR IN OMITTING PORTIONS OF RESENTENCING HEARING TRANSCRIPT FOR CERTIFICATION?

DID EVIDENCE SUPPORT A SENTENCE OR CONVICTION ON FELONY MURDER, ROBBERY AND CONSPIRACY TO ROBBERY?

Question Presented (AI Summary)

Whether the issues and evidence related to a juvenile offender's decertification (transfer) decision are relevant to the juvenile offender's resentencing

Docket Entries

2020-10-05
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2020-08-20
DISTRIBUTED for Conference of 9/29/2020.
2020-07-29
Brief of respondent Pennsylvania in opposition filed.
2020-06-30
Motion to extend the time to file a response is granted and the time is further extended to and including July 29, 2020.
2020-06-29
Motion to extend the time to file a response from June 29, 2020 to July 29, 2020, submitted to The Clerk.
2020-05-18
Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2029.
2020-05-15
Motion to extend the time to file a response from May 7, 2020 to June 29, 2020, submitted to The Clerk.
2020-04-07
Response Requested. (Due May 7, 2020)
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-02-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 19, 2020)

Attorneys

Pennsylvania
Ronald EisenbergPennsylvania Attorney General's Office, Respondent
Jessica RegerErie County District Attorney's Office, Respondent
Ricardo Noble
Ricardo Noble — Petitioner