No. 23-6316

Daniel Vincent v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al.

Lower Court: Third Circuit
Docketed: 2023-12-21
Status: Denied
Type: IFP
IFP
Tags: alternative-suspects conflict-with-circuits due-process eyewitness-testimony identification-evidence ineffective-assistance jury-instructions mistaken-identification sixth-amendment trial-strategy
Latest Conference: 2024-02-16
Question Presented (from Petition)

I. Is a defendant denied due process of law if he properly presents a claim to both the State and Federal Courts and neither Court addresses the claim ?

Does an Attorney's performance meet the minimum requirment of effective assitance of counsel guaranteed under the Sixth and Fourteenth Amendment to the United States Constition where the defense strategy is mistaken identification and trial counsel failed to; (1) request any identification instruction whatsoever, be it Cautionary, Standard, Sexton, otherwise; (2) failed to call eyewitness who witnessed other suspects other than coming from crime scene; (3) failing to cross-examine lead investigator about other suspects who were arrested in relation to this crime ?

Question Presented (AI Summary)

Is a defendant denied due process if his claim is not addressed by state or federal courts?

Docket Entries

2024-02-20
Petition DENIED.
2024-02-01
DISTRIBUTED for Conference of 2/16/2024.
2023-08-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2024)
2023-06-20
Application (22A1091) granted by Justice Alito extending the time to file until August 21, 2023.
2023-06-12
Application (22A1091) to extend the time to file a petition for a writ of certiorari from June 22, 2023 to August 21, 2023, submitted to Justice Alito.

Attorneys

Daniel Vincent
Daniel Vincent — Petitioner