No. 22-5263

Jesse Brown v. Eric Armel, Superintendent, State Correctional Institution at Fayette, et al.

Lower Court: Third Circuit
Docketed: 2022-08-02
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-review counsel-performance criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion procedural-default standard-of-review
Latest Conference: 2022-12-09 (distributed 2 times)
Question Presented (from Petition)

I. WhetherWAs the Courtof Appeal's decision
that Petitioner's trial Counsel told the jury
degree of murder was Suficient, is the
Petitioner entitled toA legitimate defense
theory Contrary to Glebe Frost, 574 U.S. (2014)?

II Whether was the Courtof Appeal's decision that the
Petitioner layered ineffectiveness assistance
USein StrcKlAndv.WAshington, 46GU.S.668(1984/And
MArtinez v.RyAn, 132S.Ct.1309(2o12)is the Petitioner
entitled toineffectiveness Assistance to over
Come procedurally defaulted?

III. WhetherWAs the Courtof AppeAl's decision
is the Petitioner entitled toan standard of
reviewonhisclaims?

Question Presented (AI Summary)

Whether the trial court erred in denying the petitioner's legitimate defense theory

Docket Entries

2022-12-12
Rehearing DENIED.
2022-11-22
DISTRIBUTED for Conference of 12/9/2022.
2022-10-06
Petition for Rehearing filed.
2022-10-03
Petition DENIED.
2022-08-25
DISTRIBUTED for Conference of 9/28/2022.
2022-08-18
Waiver of right of respondent Armel, Supt., Fayette, et al. to respond filed.
2022-07-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 1, 2022)

Attorneys

Armel, Supt., Fayette, et al.
Nancy WinkelmanDistrict Attorney's Office, Respondent
Jesse Brown
Jesse Brown — Petitioner