No. 24-5471

In Re Keith Girvan

Lower Court: N/A
Docketed: 2024-09-05
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: appellate-procedure eyewitness-evidence habeas-corpus judicial-review pro-se-petition state-court-findings
Key Terms:
HabeasCorpus Privacy
Latest Conference: 2024-12-06 (distributed 2 times)
Question Presented (from Petition)

1) Do 3rd Circuit Local Appellate Rules 24(c) and Miscellaneous 107, and newly promulgated Federal Rule of Appellate Procedure 3(e) apply to Habeas Corpus Proceedings?

2) Can new reliable eyewitness evidence in the form of 2 affidavits submitted to U.S. District Court overcome erroneous state court finding of fact pursuant to 28 U.S.C. 2254 and 28 U.S.C. 2246?

3) Does the evidence referred to in question 2 provide a prima facie case for evidentiary hearing?

4) Does closure of the law library for the entire period for appeal causing untimely appeal violate petitioner's right of access to courts or qualify as the absence of a state corrective process pursuant to 28 U.S.C. 2254 (b)(B)(i)?

5) Pursuant to 28 U.S.C. 2254 (d), is 1 short paragraph with 1 inapplicable citation in a Superior Court memorandum of decision adjudication on the merits?

6) How can an incarcerated, unrepresented in forma pauperis petitioner supplement his observance of an empty courtroom as lack of a public trial with federal discovery procedures?

7) Is a new District Court rule requiring assignement of non death penalty cases only to a magistrate judge appropriate judicial rulemaking?

8) Does petitioner's rejection of County Public Defender as State Appelate Counsel and repeated coercive questioning disqualify waiver of right to counsel?

9) Does a County Court President Judge violate Articles II, III, and VI of the U.S. Constitution?

10) Does petitioner have the right to be notified of the censorship or withholding of delivery of mail written by or addressed to him?

Question Presented (AI Summary)

Whether 3rd Circuit Local Appellate Rules, Federal Rule of Appellate Procedure 3(e), and 28 U.S.C. 2254 apply to Habeas Corpus Proceedings and provide a mechanism for supplementing new eyewitness evidence

Docket Entries

2024-12-09
Rehearing DENIED.
2024-11-19
DISTRIBUTED for Conference of 12/6/2024.
2024-10-29
Petition for Rehearing filed.
2024-10-07
Petition DENIED.
2024-09-12
DISTRIBUTED for Conference of 9/30/2024.
2024-08-26

Attorneys

Keith Girvan
Keith Girvan — Petitioner