No. 19-8112

Mustafa Ali v. Derek Oberlander, Superintendent, State Correctional Institution at Forest, et al.

Lower Court: Third Circuit
Docketed: 2020-03-27
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability coerced-confession coerced-statement criminal-procedure due-process habeas-corpus jurisdiction-challenge pretextual-arrest right-to-counsel unwanted-counsel
Key Terms:
DueProcess
Latest Conference: 2020-05-28
Question Presented (from Petition)

1. Whether the Court of Appeals denying Application for Certificate
of Appealability and Petition for Rehearing/Rehearing en Banc is
contrary to this Court's decisions in Henderson v Shinseki,562 U.S
428;Wisconsin Dept. of Corrections v Schacht,524 U.S. 381;
Zadvydas v Davis, 533 U.S. 678. Resulted in a denial of Due Process
when Petitioner was not given opporunity to challenge jurisdiction

2. Whether the Court of Appeals denying Application for Certificate
of Appealability resulted in a denial of Due Process when a
coerced statement was used against Petitioner at his trial which
is contrary to this Court's decisions in Haynes v Washington, 373
U.S. 503; Kaupp v Texas, 538 U.S. 626;Hardy v U.S.,186 U.S. 224;
Mallory v Hogan, 378 U.S. l;Brown v Illinois, 422 U.S. 590.

3. Whether the Court of Appeals denying Application for Certificate
of Appealability resulted in a denial of Due Process when
Petitioner was forced to proceed with unwanted counel contrary to
this Court's decisions in Faretta v California, 442 U.S. 806;
Wiggins v Smith, 539 U.S. 510; Anders v California, 386 U.S. 738.

4. Whether the Court of Appeals denying Application for Certificate
of Applealability resulted in a denial of Due Process when
Petitioner was arrested pretextually and not promptly presented
before a magistrate contrary to this Court's decisions in Mallory
v U.S.,354 U.S. 449; Boyd v U.S., 116 U.S. 616; Ferguson v City of
Charleston, 533 U.S. 67.

Question Presented (AI Summary)

whether-the-court-of-appeals-denying-application-for-certificate-of-appealability

Docket Entries

2020-06-01
Petition DENIED.
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-03-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 27, 2020)
2019-12-30
Application (19A713) granted by Justice Alito extending the time to file until March 21, 2020.
2019-12-16
Application (19A713) to extend the time to file a petition for a writ of certiorari from January 21, 2020 to March 21, 2020, submitted to Justice Alito.

Attorneys

Mustafa Ali
Mustafa Ali — Petitioner