No. 22-587

Maurice Andrews v. District Attorney of Montgomery County, Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2022-12-27
Status: Denied
Type: Paid
Tags: due-process habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions prejudice-standard sixth-amendment structural-error trial-counsel
Latest Conference: 2023-02-24
Question Presented (from Petition)

Whether, in the context of habeas proceedings under 28 U.S.C. § 2254, the failure of trial counsel to object to a jury instruction which does not contain any of the correct elements for the offense charged amounts to structural error which does not require a showing of prejudice in order for the petitioner to receive relief?

Question Presented (AI Summary)

Whether a habeas petitioner who receives a jury instruction that does not contain any of the essential elements of the offense must show prejudice

Docket Entries

2023-02-27
Petition DENIED.
2023-02-08
DISTRIBUTED for Conference of 2/24/2023.
2022-12-22
Petition for a writ of certiorari filed. (Response due January 26, 2023)
2022-10-06
Application (22A292) granted by Justice Alito extending the time to file until December 22, 2022.
2022-10-04
Application (22A292) to extend the time to file a petition for a writ of certiorari from November 22, 2022 to January 21, 2023, submitted to Justice Alito.

Attorneys

Maurice Andrews
Zak Taylor GoldsteinGoldstein Mehta LLC, Petitioner