No. 20-6283

Robert Brownlee v. Mark Capozza, Superintendent, State Correctional Institution at Fayette

Lower Court: Third Circuit
Docketed: 2020-11-12
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: amendment constitutional-rights criminal-procedure due-process ineffective-assistance plea-bargaining statutory-interpretation
Latest Conference: 2021-02-19 (distributed 2 times)
Question Presented (from Petition)

I. WHETHER TRIAL COUNSEL WAS CONSTITUTIONALLY INEFFECTIVE FOR FAILING TO RESEARCH THE ELEMENTS OF A VIOLATION OF 18 PACSA 6301(a)(1)(@i) (THE STATUTE") AND EXPLAIN TO THE PETITIONER THE ELEMENTS OF THE STATUTE AND THE FACT THAT THE STATUTE HAD BEEN RECENTLY AMENDED WHERE TRIAL COUNSEL'S FAILURE TO DO HIS JOB DEPRIVED PETITIONER OF THE RIGHT TO MAKE AN INFORMED CHOICE WHETHER TO PLEAD GUILTY OR STAND TRIAL?

II. WHETHER TRIAL COUNSEL WAS CONSTITUTIONALLY INEFFECTIVE FOR FAILING TO OBJECT TO THE TRIAL COURT'S VIOLATION OF THE FOURTEENTH AMENDMENT DUE PROCESS CLAUSE ARISING FROM THE TRIAL JUDGE'S FAILURE TO EXPLAIN THE ELEMENTS OF A FELONY VIOLATION OF 18 PACSA 6301(a)(1)(ii) AND THE EFFECTIVE DATE OF THE STATUTE?

Question Presented (AI Summary)

Whether trial counsel was constitutionally ineffective

Docket Entries

2021-02-22
Petition DENIED.
2021-02-04
DISTRIBUTED for Conference of 2/19/2021.
2021-01-25
Petitioner complied with order of January 11, 2021.
2021-01-11
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until February 1, 2021, within which to pay the docketing fee required by Rule 38(a).
2020-12-03
DISTRIBUTED for Conference of 1/8/2021.
2020-11-25
Waiver of right of respondent Mark Capozza, Superintendent, State Correctional Institution at Fayette to respond filed.
2020-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2020)

Attorneys

Mark Capozza, Superintendent, State Correctional Institution at Fayette
Jeffrey D. BurkettJefferson County District Attorney, Respondent
Robert Brownlee
Cheryl J. SturmAttorney at Law, Petitioner