No. 21-5308

Calvin B. Lynch v. Mark Garman, Superintendent, State Correctional Institution at Rockview, et al.

Lower Court: Third Circuit
Docketed: 2021-08-05
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-rights criminal-procedure double-jeopardy due-process federal-law statutory-interpretation witness-intimidation witness-testimony
Latest Conference: 2021-10-08
Question Presented (from Petition)

1. Is PETITIDNER ENTITLED TO THE BENEFIT OF THE
PENNSYLVANIA SUPREM COURTS CLARIFYING
INTERPRETATION OF THE WITNESS INTIMIDATION
STATUTE, PA.C.S.A.S4952, WHICH PETITIONER
WAS CONVICTED?

2. CAN PETITIDNER, CONSISTENT WITH FEDERAL DUE
PRDCESS, CONTINUESLY BE CONVICTED AND
INCARCERATED ACCORDING TO THE CLARiFYING
INTEPRETATION OF THE WITNESS INTIMIDATION
STATUTE,WHERE, PETITIONER IS GLEGED TO HAVE
ONLY MADE A PECUNIARY OFFER OR POSSIBLY
OTHER BENEFITS TO THE WITNESS TO NOT
COME TO COURT?

3. Because Petitioners first oflurtunity to cause this
Particular claim was in the U.S. DistrictCourt(3dar.).
should the district coust have cemanded back to the
State Court for a determination on whether or nst Petitioners
conduct satisfies the elements of witness intimidation.
18 Pa.C.S.A.s4A52, as ProlerY interPreted bY THis States
HiGhest Court?

Question Presented (AI Summary)

Is petitioner entitled to the Pennsylvania courts' clarifying interpretation of the witness intimidation statute, Pa.C.S.A.§4952, under which petitioner was convicted?

Docket Entries

2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-07-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 7, 2021)

Attorneys

Calvin Lynch
Calvin B. Lynch — Petitioner