No. 24-7505

Donald Evans v. Jasen Bohinski, Superintendent, State Correctional Institution at Dallas, et al.

Lower Court: Third Circuit
Docketed: 2025-06-26
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure double-jeopardy ex-post-facto sentencing-guidelines statutory-interpretation subject-matter-jurisdiction
Latest Conference: 2025-09-29
Question Presented (from Petition)

1) DID THE COURT VIOLATE PETITIONER'S 6TH AND 14TH AMENDMENT CONSTITUTIONAL RIGHTS VIA REFUSING TO GRANT PETITIONER'S REQUEST FOR A CONTINUANCE TO WHERE ATTORNEY BOGGS INFORMED PETITIONER, ON THE DAY TRIAL WAS TO BEGIN, THAT HE HAD A CONFLICT OF INTEREST ?

2) WAS THE PETITIONER DENIED HIS CONSTITUTIONAL RIGHT TO SELF REPRESENTATION ?

3) DID ATTORNEY BOGGS CONCEDE GUILT IN HIS OPENING STATEMENTS TO THE JURY AND DEPRIVE PETITIONER OF HIS 6TH AND 14TH AMENDMENT CONSTITUTIONAL RIGHTS ?

4) DID THE TRIAL COURT COMMIT STRUCTURAL ERROR AND VIOLATE PETITIONER'S CONSTITUTIONAL RIGHT TO A PUBLIC TRIAL UNDER THE 6TH AMENDMENT OF THE UNITED STATES CONSTITUTION.

5) DID THE PROSECUTION EXERCISE EGREGIOUS MISCONDUCT VIA WITHHOLDING FAVORABLE EXCULPATORY EVIDENCE AT TRIAL OF WHICH VIOLATED DUE PROCESS UNDER THE 14TH AMENDMENT OF THE UNITED STATES CONSTITUTION ?

6) DID THE COMMONWEALTH PURPOSELY EXCLUDE MEMBERS OF () PETITIONER'S RACE FROM SERVICE ON THE PETITE JURY AND (ON) THE VENTRE, (WHERE) PETITIONER'S RACE WAS SUBSTANTIALLY UNDER REPRESENTED ?

7) DID ATTORNEY BOGGS RENDER INEFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL AND VIOLATE THE 6TH AMENDMENT OF THE UNITED STATES CONSTITUTION ?

8) WAS TRIAL COUNSEL INEFFECTIVE AND ALL SUBSEQUENT COUNSEL INEFFECTIVE IN FAILING TO RAISE RECORD-BASED CLAIMS OBVIOUS FROM THE FACE OF THE RECORD, IN VIOLATION OF THE 6TH AMENDMENT OF THE UNITED STATES CONSTITUTION ?

9) IS PETITIONER'S SENTENCE FOR THE CHARGE OF PWID UNDER THE STATUTE PA.C.S.A. 7508 UNCONSTITUTIONAL AND UNENFORCABLE ?

10) DID THE TRIAL COURT VIOLATE THE 14TH AMENDMENT OF THE UNITED STATES CONSTITUTION WHEN IT INVOKED AND FAILED TO ADHERE TO THE DICTATES OF 42 PA.C.S.A. 9714 ?

11) IS PETITIONER'S SENTENCE ILLEGAL, WHERE IT IMPOSED CONSECUTIVE SENTENCES FOR AGGRAVATED ASSAULT ATTEMPT TO CAUSE BODILY INJURY 18 PA.C.S.A. 2702(A)(1) AND AGGRAVATED ASSAULT BY PHYSICAL MENACE 2702(A)(6), WHERE BOTH OFFENSES AROSE OUT OF THE SAME CRIMINAL ACT AND ARE ALTERNATIVE PLEADINGS OF THE SAME STATUTE, WHICH CANNOT SERVE AS THE BASIS FOR SEPARATE PUNISHMENTS FOR A SINGLE OFFENSE.

12) IS PETITIONER'S SENTENCE ILLEGAL, WHERE PETITIONER WAS SENTENCED TO SEVENTY EIGHT(78)MONTHS TO TWO HUNDRED FORTY(240) MONTHS FOR PWID OF WHICH EXCEEDS THE STATUTORY MAXIMUM OF ONE HUNDRED EIGHTY(180)MONTHS ?

13) DID THE TRIAL COURT ERR VIA PROVIDING IMPROPER REASONABLE DOUBT () JURY INSTRUCTIONS TO THE JURY ?

14) DID THE COMMONWEALTH

Question Presented (AI Summary)

Whether consecutive sentences for two alternative pleadings of the same aggravated assault statute violate double jeopardy principles, and whether the imposed sentence exceeds statutory maximums

Docket Entries

2025-10-06
Petition DENIED.
2025-08-07
DISTRIBUTED for Conference of 9/29/2025.
2025-01-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 28, 2025)

Attorneys

Donald Evans
Donald Aldrigo Evans — Petitioner