Supreme Court of the United States · Official docket →
Brian D. Baur v. Pennsylvania
Paid petition · Superior Court of Pennsylvania, Philadelphia Office, No. 1185 EDA 2016 · judgment December 22, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether the Law of the Case Doctrine is an issue in this case since two Judges have made rulings concerning the Constitutional Rights of the Petitioner.
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Whether failure to apply the “Castle Doctrine” to the facts of this case is an error of law and a violation of Petitioner’s Constitutional Rights essentially denying Petitioner the right to present a defense.
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Whether preclusion of Petitioner’s “use of force” Expert constitutes an abuse of discretion and an error of law denying Petitioner the right to present a defense in violation of his Constitutional Rights.
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Whether the sentence imposed violated Defendant’s Constitutional Rights by ordering medical and psychological treatment for Petitioner based on hearsay reports, obviating Petitioner’s ability to cross-examine.
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Whether the sentence imposed constitutes life imprisonment in violation of the intent of the legislature.
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Whether the reassignment of the case from Judge Learner to Judge Byrd was justified.
Counsel of record
For petitioner
Mary Catherine Baur
For respondent
Nancy Winkelman
District Attorney's Office
Proceedings
- May 13 2019Petition DENIED.
- Apr 17 2019DISTRIBUTED for Conference of 5/9/2019.
- Apr 15 2019Waiver of right of respondent Commonwealth of Pennsylvania to respond filed.
- Jan 21 2019Petition for a writ of certiorari filed. (Response due May 10, 2019)
- Nov 20 2018Application (18A529) granted by Justice Alito extending the time to file until January 21, 2019.
- Nov 12 2018Application (18A529) to extend the time to file a petition for a writ of certiorari from November 22, 2018 to January 21, 2019, submitted to Justice Alito.