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Herbert Traver v. Pennsylvania

Paid petition · Superior Court of Pennsylvania, Harrisburg Office, No. 382 MDA 2021 · judgment January 6, 2022


Certiorari denied · January 9, 2023
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

A. Did the prosecutor in the trial before the lower court engage in intentional misconduct by employing a known falsehood when questioning the Petitioner on cross examination, thereby depriving him of a fair trial in violation of his Due Process rights under the 5th and 14th Amendments to the United States Constitution? B. Assuming, arguendo misconduct, was the intent of the prosecutor such as to deny Petitioner his right to a fair trial?

Counsel of record

For petitioner
Paul P. Ackourey

For respondent
Hugh J. Burns Jr.
Office of the Attorney General of Pennsylvania

Case

Conference history
Distributed for 2 conferences

Linked docket
22M41

Proceedings

  1. Jan 09 2023
    Petition DENIED.
  2. Dec 21 2022
    DISTRIBUTED for Conference of 1/6/2023.
  3. Dec 15 2022
    Waiver of right of respondent Pennsylvania to respond filed.
  4. Dec 12 2022
    Waiver of Herbert Traver of right to respond not accepted for filing. (December 12, 2022)
  5. Dec 05 2022
    Motion (22M41) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
  6. Nov 09 2022
    MOTION (22M41) DISTRIBUTED for Conference of 12/2/2022.
  7. Sep 22 2022
    Motion (22M41) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  8. Sep 22 2022
    Petition for a writ of certiorari filed. (Response due January 4, 2023)