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Ian Brenner v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 23-2975 · judgment February 28, 2024


Certiorari denied · October 7, 2024
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below.

Question presented

a. Whether denial of a Certificate of Appealability is proper when the magistrate judge who entered judgment lacked jurisdiction because the Petitioner did not consent to proceed before that magistrate? b. Whether counsel was ineffective for not objecting on Sixth Amendment Confrontation Clause grounds to the prosecution presenting testimony by a surrogate expert conveying the testimonial statements and report of a non-testifying analyst and the substitute expert was not involved in the testing and merely adopted the non-testifying expert’s analysis in creating a report? c. Whether it is an unreasonable application of Strickland to deny an ineffectiveness claim based solely on the failure to present original trial counsel at a State-post-conviction hearing?

Counsel of record

For petitioner
James Andrew Salemme
Tucker Arensberg, P.C.

For respondent
James Edward Zamkotowicz
York County District Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Jul 24 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Jul 09 2024
    Waiver of right of respondent Michael Overmeyer, et al. to respond filed.
  4. Jun 06 2024
    Petition for a writ of certiorari filed. (Response due July 10, 2024)