No. 24-5824

Oscar Alvarado v. Ken Hollibaugh, Superintendent, State Correctional Institution at Somerset, et al.

Lower Court: Third Circuit
Docketed: 2024-10-25
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability confrontation-clause harmless-error ineffective-counsel rule-60b1 sixth-amendment
Latest Conference: 2025-01-10
Question Presented (from Petition)

DID THE COURT OF APPEALS COMMIT LEGAL ERROR IN DENYING PETITIONER'S CERTIFICATE OF APPEALABILITY STATING THAT NO JURIST OF REASON WOULD NOT DEBATE THE DISTRICT COURT'S DECISION TO DENY RELIEF UNDER FEDERAL RULE OF CIVIL PROCEDURE RULE 60(B)(1) OF THE DISTRICT COURT RULED THAT PETITIONER'S SIXTH AMENDMENT RIGHTS WERE VIOLATED, TRIAL COUNSEL WAS CONSTITUTIONALLY INEFFECTIVE, AND ANY PROCEDURAL DEFAULT CAUSED BY PCRA COUNSEL IS EXCUSED UNDER MARTINEZ, BUT DIDN'T PREJUDICE HIM AND MISAPPLIED THE HARMLESS ERROR ANALYSIS?

Question Presented (AI Summary)

Did the court of appeals commit legal error in denying petitioner's certificate of appealability by finding that a jurist of reason would not debate the district court's decision to deny relief under Rule 60(b)(1) where the petitioner's Sixth Amendment rights were violated by ineffective trial counsel and the confrontation clause was misapplied?

Docket Entries

2025-01-13
Petition DENIED.
2024-12-12
DISTRIBUTED for Conference of 1/10/2025.
2024-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2024)

Attorneys

Oscar Alvarado
Oscar Alvarado — Petitioner