No. 20-8046

Shawn Bishop v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al.

Lower Court: Third Circuit
Docketed: 2021-05-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: codefendant-confession confrontation-clause criminal-procedure curative-instruction due-process ineffective-assistance scant-evidence witness-testimony
Key Terms:
DueProcess
Latest Conference: 2021-06-17
Question Presented (from Petition)

1. Does a curative instruction remedy a Confrontation Clause violation where the evidence used to convict is scant and the codefendant's alleged confession was the only direct evidence of Petitioner's guilt; and was trial counsel derelict in not objecting to instruction as being suffice to cure Confrontation Clause violation?

2. Is a Petitioner's right to due process violated when a prosecutor in closing arguments vouches for the credibility of its witnesses, and trial counsel objects, but fails to request remedial instruction to cure the comments?

3. Can a State evidentiary ruling deny a defendant due process if it prevents him from putting forth evidence that supports the defense theory of the case?

4. Can a defendant be convicted of first-degree murder and sentenced to life without the possibility of parole where he is charged as an accomplice but never knew or participated in the actual crime?

Question Presented (AI Summary)

Does a curative instruction remedy a Confrontation Clause violation?

Docket Entries

2021-06-21
Petition DENIED.
2021-06-02
DISTRIBUTED for Conference of 6/17/2021.
2021-05-27
Waiver of right of respondent Wakefield, Supt., Smithfield, et al. to respond filed.
2021-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 16, 2021)

Attorneys

Shawn Bishop
Shawn Bishop — Petitioner
Wakefield, Supt., Smithfield, et al.
Nancy WinkelmanDistrict Attorney's Office, Respondent