No. 24-5245

Otis Phillips v. Brian Emig, Warden, et al.

Lower Court: Third Circuit
Docketed: 2024-08-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: coleman-v-thompson due-process ineffective-assistance-of-counsel jury-instruction martinez-v-ryan procedural-default
Latest Conference: 2024-09-30
Question Presented (from Petition)

Did Petitioner indeed meet procedural bar, and did 3" Circuit decision to deny violate federal law?

Did Third Circuit court decision, when it chose to deny Petitioner's claim of prejudice arising from juror's failure to participate, violate 14" Amendment right, and was counsel ineffective in handling of jury's note, violating 6'" Amendment, go against clearly established federal law?

Did Circuit Court error in denying claim that trial court failed to grant severance?

Was District Court's decision an unreasonable determination of the facts of the case, concerning ineffective counsel claim, on failure to investigate, 2008 murder alibi?

Question Presented (AI Summary)

Question not identified.

Docket Entries

2024-10-07
Petition DENIED.
2024-09-05
DISTRIBUTED for Conference of 9/30/2024.
2024-08-15
Waiver of right of respondents Brown Emig, Warden JTVCC and Kathleen Jennings, Delaware Attorney General to respond filed.
2024-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 6, 2024)

Attorneys

Brown Emig, Warden JTVCC and Kathleen Jennings, Delaware Attorney General
Andrew J. VellaDelaware Attorney General's Office, Respondent
Otis Phillips
Otis Phillips — Petitioner