No. 22-32

John Hart v. County of Philadelphia, Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2022-07-12
Status: Denied
Type: Paid
Response Waived
Tags: actual-innocence constitutional-rights criminal-defense due-process evidence ineffective-assistance-of-counsel right-to-present-defense scientific-evidence voiceprint-analysis
Latest Conference: 2022-09-28
Question Presented (from Petition)

Where a criminal defendant has compelling evidence of actual innocence in the form of exculpatory expert voiceprint analysis, does that defendant receive the ineffective assistance of counsel when trial and appellate counsel fail to properly challenge the trial court's violation of the defendant's fundamental due process right to present a defense in excluding that evidence on the basis of a non-existent notice requirement without even holding a hearing on whether the latest scientific evidence would render the testimony admissible?

Question Presented (AI Summary)

Where a criminal defendant has compelling evidence of actual innocence in the form of exculpatory expert voiceprint analysis, does that defendant receive the ineffective assistance of counsel when trial and appellate counsel fail to properly challenge the trial court's violation of the defendant's fundamental due process right to present a defense in excluding that evidence on the basis of a non-existent notice requirement without even holding a hearing on whether the latest scientific evidence would render the testimony admissible?

Docket Entries

2022-10-03
Petition DENIED.
2022-07-27
DISTRIBUTED for Conference of 9/28/2022.
2022-07-26
Waiver of right of respondent County of Philadelphia, et al. to respond filed.
2022-07-07
Petition for a writ of certiorari filed. (Response due August 11, 2022)

Attorneys

County of Philadelphia, et al.
Nancy WinkelmanDistrict Attorney's Office, Respondent
John Hart
Zak Taylor GoldsteinGoldstein Mehta LLC, Petitioner