No. 22-6319

Francis Boyd v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al.

Lower Court: Third Circuit
Docketed: 2022-12-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure due-process ineffective-assistance-of-counsel jury-instructions second-degree-murder third-degree-murder
Latest Conference: 2023-01-20
Question Presented (from Petition)

1). DID THE THIRD CIRCUIT COURT OF APPEALS MISCONSTRUE PETITIONER'S CLAIM(S) IN DENYING HIS PETITION FOR REHEARING /REHEARING IN BANC?

2). CAN A TRIAL JUDGE INSTRUCT A JURY THAT THEY CANNOT FIND A DEFENDANT GUILTY OF MURDER THOUGH THE DEFENDANT WAS CHARGED WITH THAT DEGREE OF MURDER?

3). CAN A TRIAL JUDGE GIVE AN ERRONEOUS CHARGE TO THE JURY CONCERNING FIRST, SECOND AND THIRD DEGREE MURDER?

4). CAN A TRIAL JUDGE, IN CHARGING A JURY ON THE FIRST CHARGE, AFTER THE JURY ASKED FOR A RECHARGE ON FIRST, SECOND AND THIRD DEGREES OF MURDER, MIX THE ELEMENTS OF SECOND-DEGREE MURDER INTO THE CHARGE OF THE THIRD DEGREE MURDER THE SECOND TIME AROUND?

Question Presented (AI Summary)

Did the Third Circuit Court of Appeals misconstrue petitioner's question concerning his claim(s) in denying his petition for a rehearing/rehearing en banc?

Docket Entries

2023-01-23
Petition DENIED
2023-01-23
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2023-01-05
DISTRIBUTED for Conference of 1/20/2023.
2022-12-28
Waiver of right of respondents Salamon, Supt., et al. to respond filed.
2022-10-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2023)

Attorneys

Francis Boyd
Francis Boyd — Petitioner
Salamon, Supt., et al.
Nancy WinkelmanDistrict Attorney's Office, Respondent