No. 21-6227

Misael Cordero v. Jonathan Gramp, Administrator, East Jersey State Prison

Lower Court: Third Circuit
Docketed: 2021-11-09
Status: Denied
Type: IFP
IFP
Tags: circuit-split due-process effective-assistance-of-counsel false-testimony government-misconduct habeas-corpus ineffective-assistance-counsel sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2022-01-07
Question Presented (from Petition)

1. Which divided Courts of Appeals are correct: the Eleventh, Fifth and
Second Circuits holding that a due process violation occurs when the government
knowingly uses false testimony even if the defense knows of the false testimony,
or the Fourth, Seventh and District of Columbia Circuits holding that if the defense
is aware of the false testimony no due process violation occurs?

2. Which divided Courts of Appeals are correct: the Ninth and Third Circuits
holding that the actual prejudice Brecht standard does not apply to perjured-
testimony in habeas corpus cases, or the First, Sixth, Eighth, and Eleventh Circuits
holding the opposite?

3. Can defense attorneys allow the government to knowingly use false
convict their clients without violating their clients ' right to effective testimonies to
representation under the Sixth Amendment?

4. When criminal defense attorneys provide deficient representation during
plea negotiations that prevent the plea negotiations to materialize into plea
agreements that would have resulted in sentences lower than the ones received
after trial, have they violated their clients ' Sixth Amendment right, and what would
be the remedy?

Question Presented (AI Summary)

Whether a due process violation occurs when the government knowingly uses false testimony even if the defense knows of the false testimony

Docket Entries

2022-01-10
Petition DENIED.
2021-12-23
DISTRIBUTED for Conference of 1/7/2022.
2021-11-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2021)

Attorneys

Misael Cordero
Misael Cordero — Petitioner