No. 22-6606

Henry Zabala-Zorilla v. Joseph Terra, Superintendent, State Correctional Institution at Phoenix, et al.

Lower Court: Third Circuit
Docketed: 2023-01-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: allen-charge civil-rights criminal-procedure due-process equal-protection fourteenth-amendment ineffective-assistance-of-counsel jury-instruction reversible-error supplemental-instruction
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-02-17
Question Presented (from Petition)

Does the Fourteenth Amendment equal protection laws require a state judge be found to commit reversible error to give a supplemental charge - or an "Allen charge" - to a jury instructing it to consider the expense to the government of a new trial as held by the Third Circuit Court of Appeals in Burley?

Question Presented (AI Summary)

Does the Fourteenth Amendment equal protection laws require a state judge be found to commit reversible error to give a supplemental charge or an 'Allen charge' to a jury instructing it to consider the expense to the government of a new trial as held by the Third Circuit Court of Appeals in Burley?

Docket Entries

2023-02-21
Petition DENIED.
2023-02-02
DISTRIBUTED for Conference of 2/17/2023.
2023-01-25
Waiver of right of respondent John T. Adams, District Attorney of Berks County to respond filed.
2023-01-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2023)

Attorneys

Henry Zabala-Zorilla
Henry Zabala-ZorillaControl No. C49623957, Petitioner
John T. Adams, District Attorney of Berks County
Alisa Rebecca Orner Hobart — Respondent