No. 21-5719

Edward Zinner v. United States

Lower Court: Third Circuit
Docketed: 2021-09-20
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: aedpa conflict-of-interest constitutional-rights criminal-procedure due-process fraud-on-the-court government-failure-to-admit-or-deny habeas-corpus hazel-atlas prosecutorial-misconduct
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-12-03 (distributed 2 times)
Question Presented (from Petition)

1. When prosecutors conspire with known conflicted defense counsel pre-indictment, and devise a scheme to deprive two targets in a criminal investigation of their Constitutional right to Due Process of Law and conflict free lawyers in a forthcoming criminal proceeding, then execute the scheme arranging known conflicted lawyers to represent the diverging interests of the two subjects while concealing the scheme and the conflicts from the subjects and the District Court, then further the scheme committing fraud on multiple habeas Courts to cover up their fraud on the Criminal Court in violation of 18 U.S.C. §§ 241, 242, does this conduct fall outside the scope of the AEDPA for purposes of a Hazel Atlas claim of fraud on a habeas court requiring the District Court to review the case on its merits IN THE FIRST INSTANCE as found by the Tenth Circuit citing Gonzalez v Crosby, 545 U.S. 524, 528, 125, S. Ct. 2641, 162 L. Ed. 2d 480 (2005)?

2. Does the Government's failure to admit or deny allegations set forth in a true Rule 60 motion or petition in the nature of coram nobis, when ordered by the District Court to file a reply as required by Rule 8, Federal Rules of Civil Procedure, constitute an admission by the Government per Rules 8(b)(2) and 8(b)(6)? And can a District Court OR the Government, hide behind the AEDPA to cover up a deprivation of Constitution rights that results in a gross miscarriage of justice by executing fraud on multiple habeas courts to cover up fraud upon a Criminal Court?

Question Presented (AI Summary)

when-prosecutors-conspire-with-known-conflicted-defense-counsel

Docket Entries

2021-12-06
Rehearing DENIED. Justice Alito took no part in the consideration or decision of this petition.
2021-11-16
DISTRIBUTED for Conference of 12/3/2021.
2021-11-05
Petition for Rehearing filed.
2021-10-18
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2021-09-30
DISTRIBUTED for Conference of 10/15/2021.
2021-09-22
Waiver of right of respondent United States to respond filed.
2021-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2021)

Attorneys

Edward Zinner
Edward M. Zinner — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent