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Joseph Q. Mirarchi v. Office of Disciplinary Counsel

Paid petition · Supreme Court of Pennsylvania, Eastern District, No. 2485 Disciplinary Docket No. 3 · judgment March 18, 2019


Certiorari denied · October 7, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the state supreme court order for attorney disbarment is inconsistent with the standards set forth in Selling v. Radford, 243 U.S. 46, 50-51 (1917), and In re Ruffalo, 390 U.S. 544, 550 (1968), and is violative of U.S. CONST. AMENDS. V, VI & XIV; and PA. CONST., art. I, § 9, cl. 1, as the court allowed the ineffective assistance of Petitioner’s trial counsel to preclude the admission of relevant, material mitigation evidence of his Medical and Neuropsychological Expert Witness Reports—despite the state declaring that it would not be prejudiced by its admission—thereby depriving Petitioner of his constitutional rights to Due Process and effective assistance of counsel.

Counsel of record

For petitioner
Joseph Quinto Mirarchi
Mirarchi Legal Services, P.C.

For respondent
Richard Hernandez
Office of Disciplinary Counsel

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Sep 26 2019
    Supplemental brief of petitioner Joseph Q. Mirarchi filed. (Distributed)
  3. Jul 17 2019
    DISTRIBUTED for Conference of 10/1/2019.
  4. Jun 24 2019
    Waiver of right of respondent Office of Diciplinary Counsel to respond filed.
  5. Jun 17 2019
    Petition for a writ of certiorari filed. (Response due July 19, 2019)