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
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Linked docket
18A529
Order
Order list, May 13, 2019 · Certiorari denied
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.