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Corey Gaynor v. Ken Hollibaugh, Superintendent, State Correctional Institution at Somerset, et al.

IFP petition · United States Court of Appeals for the Third Circuit, No. 25-1444


Certiorari denied · January 26, 2026

Questions presented

  1. Whether trial counsel was ineffective and the trial court s unconstitutional jury instruction derived from Pennsylvania's consolidated statute 18 Pa.C.S.A. § 6104 violated the 6th and 14th Amendments?

  2. Whether the Third Circuit Federal District Courts' decisions rejecting Petitioner's claims raising violations of his constitutionallyprotected rights to due process, a fair trial, and the effective assistance of counsel by the Commonwealth of Pennsylvania's use at jury trial of unnecessarily suggestive pretrial identification evidence clearly resulting in substantial risk of misidentifications, and the trial witnesses' own self-admitted misidentifications of him as the shooter in a murder case, were erroneous and involved an unreasonable determination of facts and/or resulted in decisions that are contrary to, or involved an unreasonable application of, federal law or conflict with the U.S. Supreme Court decisions and progeny of Neil v. Biggers, 409 U.S. 188(1972)?

Counsel of record

For petitioner
Corey Gaynor

For respondent
Katherine Elizabeth Ernst
Philadelphia District Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 26 2026
    Petition DENIED.
  2. Jan 08 2026
    DISTRIBUTED for Conference of 1/23/2026.
  3. Jan 07 2026
    Waiver of right of respondent Ken Hollibaugh, et al. to respond filed.
  4. Nov 10 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 12, 2026)