No. 22-7092

Lorenzo Hardwick v. United States

Lower Court: Third Circuit
Docketed: 2023-03-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure certificate-of-appealability collateral-estoppel double-jeopardy fifth-amendment ineffective-assistance ineffective-assistance-of-counsel third-circuit
Latest Conference: 2023-04-21
Question Presented (from Petition)

DID THE APPEALS COURT FOR THE THIRD CIRCUIT ERROR BY DENYING PETITIONERS CERTIFICATE OF APPEALABILITY WHERE APPELLATE COUNSEL RENDERED INEFFECTIVE ASSISTANCE OF COUNSEL BY OMITTING A OBVIOUS DOUBLE JEOPARDY ISSUE ON DIRECT APPEAL.

DOES THE GOVERNMENT VIOLATE PETITIONERS FIFTH AMENDMENT RIGHT AGAINST DOUBLE JEOPARDY AND COLLATERAL ESTOPPEL WHEN THE GOVERNMENT TRIES PETITIONER TWICE FOR THE SAME OFFENSE AFTER ACQUITTAL.

Question Presented (AI Summary)

Did the appeals court for the Third Circuit err by denying petitioners certificate of appealability where appellate counsel rendered ineffective assistance of counsel by omitting an obvious double jeopardy issue on direct appeal?

Docket Entries

2023-04-24
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2023-04-06
DISTRIBUTED for Conference of 4/21/2023.
2023-03-29
Waiver of right of respondent United States to respond filed.
2023-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2023)

Attorneys

Lorenzo Hardwick
Lorenzo Hardwick — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent