No. 25-5398

Ricky L. Miller, Jr. v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al.

Lower Court: Third Circuit
Docketed: 2025-08-19
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: constitutional-rights criminal-procedure due-process fourteenth-amendment jury-trial sixth-amendment
Latest Conference: 2026-02-20 (distributed 2 times)
Question Presented (from Petition)

(1)
DID THE THIRD CIRCUIT COURT OF APPEALS IN VIOLATION OF A
MYRIAD OF SUPREME COURT SIXTH AMENDMENT RIGHT TO
TRIAL BY JURY PRECEDENTS MISAPPREHEND THE FACTS AND
FAIL TO FIND PENNSYLVANIA 'S RULE 590 (C) UNCONSTITUTIONAL
IN GRANTING THE PROSECUTION THE RIGHT TO WAIVE TRIAL BY
JURY AT THE DEGREE OF GUILT HEARING WITHOUT GRANTING
PETITIONER A RECIPROCAL RIGHT TO DEMAND A TRIAL BY JURY
AT THE DEGREE OF GUILT HEARING?

(2)
DID THE THIRD CIRCUIT COURT OF APPEALS IN VIOLATION OF
SUPREME COURT PRECEDENTS GUARANTEEING A CRIMINAL
DEFENDANT THE RIGHT TO DUE PROCESS UNDER THE
FOURTEENTH AMENDMENT FAIL TO FIND THE PROCEDURE SET
FORTH IN PENNSYLVANIA 'S RULE 590 (C) UNCONSTITUTIONAL IN
PROCURING APPRENDI RIGHTS WHEN DEFENDANT PLEADS
GUILTY TO MURDER GENERALLY?

Question Presented (AI Summary)

Did the Third Circuit Court of Appeals violate Sixth Amendment and Fourteenth Amendment precedents by upholding Pennsylvania's Rule 590(c) regarding jury trial rights and degree of guilt hearings?

Docket Entries

2026-02-23
Rehearing DENIED.
2026-01-28
DISTRIBUTED for Conference of 2/20/2026.
2025-11-13
Petition for Rehearing filed.
2025-10-20
Petition DENIED.
2025-10-02
DISTRIBUTED for Conference of 10/17/2025.
2025-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 18, 2025)

Attorneys

Ricky L. Miller, Jr.
Ricky L. Miller Jr. — Petitioner