No. 19-8429

Tariq Maqbool v. Marcus O. Hicks, Commissioner, New Jersey Department of Corrections, et al.

Lower Court: Third Circuit
Docketed: 2020-05-11
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-procedure dna-testing due-process fifth-amendment fourteenth-amendment ineffective-assistance miranda-rights sixth-amendment
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. Whether the Third Circuit Court of Appeals, the District
Court, and the New Jersey state courts' ruling, denying
Petitioner's ineffective assistance claim of trial counsels,
violated Petitioner's fifth, sixth and fourteenth amendment
constitutional rights to a fair trial and to due process of
law?
a. Where trial counsels failed to argue ■ that the
Interrogation: Advice of Rights Form used in this case ,
which required Petitioner to simultaneously acknowledge
and waive his Miranda rights ; rendered his resultant ,
alleged , oral, unrecorded, unwritten , unsigned,
statements unconstitutional , requiring suppression as a
matter of federal law.
b. Where trial counsels failed to request DNA testing and
fingerprints analysis of evidence presented at trial,
thereby violating Petitioner's due process protections .
2. Did the Third Circuit Court of Appeals, the District Court
and state courts' ruling that Petitioner did not receive a
manifestly excessive sentence, necessitating reduction, was
an error violating Petitioner's due process rights and the
holdings of United State Supreme court ruling in Alleyne v.
United States , 133 S.Ct 2151, 186 L.Ed.2d 314 (2013).

Question Presented (AI Summary)

Whether the denial of Petitioner's ineffective assistance claim violated constitutional rights

Docket Entries

2020-10-05
Petition DENIED.
2020-06-25
DISTRIBUTED for Conference of 9/29/2020.
2020-04-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2020)

Attorneys

Tariq Maqbool
Tariq Maqbool — Petitioner