No. 19-7690

Devell Short v. Superintendent, State Correctional Institution at Greensburg, et al.

Lower Court: Third Circuit
Docketed: 2020-02-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal appeal-rights castle-doctrine constitutional-rights due-process fair-trial judicial-misconduct jury jury-contamination jury-misconduct
Key Terms:
ERISA DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-03-27
Question Presented (from Petition)

WHETHER A MISCARRIAGE OF JUSTICE OCCURRED, DUE TO A MISTAKE AND BECAUSE OF A
BREAKDOWN IN THE JUDICIAL OPERATION OF THE FEDERAL COURTS, WHEN IT FAILED TO
CORPUS, AND THE FAILURE TO ISSUE A COA, HAS CAUSED PREJUDICE TO HIS RIGHT TO
PERFECT A TIMELY APPEAL?

I. WAS PETITIONER DENIED DUE PROCESS VIA JUDICIAL MISCONDUCT BECAUSE IT ABUSED ITS
DISCRETION, AND ALLOWED AN OFFICER OF THE COURT TO INVADE THE PROVINCE OF THE
JURY?

II. WAS MR. SHORT DENIED A FAIR TRIAL WHEN THE TRIAL JUDGE ALLOWED A RUN-AWAY JURY
MEMBER TO CONTAMINATE THE REST OF THE SEATED JURY MEMBERS WITH OUT-OF-COURT
INFORMATION, WHEN IT ALLOWED A BIAS INFLUENCE TO ENTER THE JURY ROOM DURING
THEIR DELIBERATION VIOLATING SHORT'S CONSTITUTIONAL RIGHTS?

III. WAS PETITIONER UNJUSTLY DENIED HIS REQUESTED DEFENSE OF THE CASTLE DOCTRINE,
SINCE THE PETITIONER DID NOT POSSESS THE ELEMENTS NEEDED TO PROVE HIM GUILTY
BEYOND A REASONABLE DOUBT?

IV. WHETHER THE JURY'S VERDICT IS NOT WORTHY OF CONFIDENCE TO STAND?

Question Presented (AI Summary)

Whether a miscarriage of justice occurred due to a mistake and breakdown in the judicial operation of the federal courts

Docket Entries

2020-08-03
Rehearing DENIED.
2020-07-09
DISTRIBUTED.
2020-04-15
Petition for Rehearing filed.
2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-03
Waiver of right of respondent Superintendent, Greensburg to respond filed.
2020-02-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 23, 2020)

Attorneys

Devell Short
Devell Short — Petitioner
Superintendent, Greensburg
Ronald Michael Wabby Jr.Allegheny County Dist. Atty., Respondent