Supreme Court of the United States · Official docket →
John W. Biddle v. Administrator, New Jersey State Prison, et al.
IFP petition · United States Court of Appeals for the Third Circuit, No. 24-1661 · judgment October 18, 2024
Questions presented
1). Whether the Out-of-Court Identification Procedures violated Petitioner’s Due Process Right under Neil v. Biggers, 409 U.S .188 (1972); Manson v. Brathwaite, 432 U.S. 98 (1977); and Stovall v. Denno, 388 U.S. 293 (1967)?
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. ' Whether Petitioner’s Fifth Amendment Right to Remain Silent was violated by the Trial Court during its jury instruction and whether the courts created an Ex Post Facto violation by utilizing instructions and cases that came after Petitioner’s trial to deny him relief
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. Whether the Prosecutorial Misconduct in this case established a Napue/Giglio Violation thus violating Petitioner’s Due Process Right to a Fair Trial (Napue v. Illinois, 360 U.S. 270 (1959); Giglio v. United States, 405 U.S. 150 (1972))? (Dist. Court Op. at 24-31)
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. The deliberate partial omission of the (12-page) 9-1-1 dispatch transcripts violated petitioner's due process right to a fair trial? (Dist. Court Op. At 31-33)
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. Whether Petitioner's arrest based on a lack of Probable Cause violated his Fourth Amendment Right to be free from Illegal Search and Seizure? (Dist. Court Op. at 33'34)
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. Whether Petitioner's Sixth Amendment Right to Effective Assistance of Counsel was violated when counsel misadvised and mislead Petitioner which caused Petitioner to reject a favorable plea offer? (Dist. Court Op. 34-41).
Counsel of record
For petitioner
John W. Biddle
For respondent
Matthew T. Mills
Atlantic County Prosecutor's Office
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 06 2025Petition DENIED.
- Aug 28 2025DISTRIBUTED for Conference of 9/29/2025.
- Aug 28 2025Waiver of right of respondent Administrator, New Jersey State Prison, et al. to respond filed.
- Jun 27 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 15, 2025)