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ROGERS v. SUPERINTENDENT GREENE SCI

No. 21-2601.

80 F.4th 458 (2023)

Ronald ROGERS, Appellant v. SUPERINTENDENT GREENE SCI; District Attorney Philadelphia; Attorney General Pennsylvania.

United States Court of Appeals, Third Circuit.

Filed: September 7, 2023.

Attorney(s) appearing for the Case

Hayden Nelson-Major [ARGUED], Federal Community Defender Office for the Eastern District of Pennsylvania, 601 Walnut Street, The Curtis Center, Suite 540 West, Philadelphia, PA 19106, Katherine C. Thompson , Federal Community Defender Office for the Eastern District of Pennsylvania, Capital Habeas Unit, 601 Walnut Street, The Curtis Center, Suite 545 West, Philadelphia, PA 19106, Counsel for Appellant.

Shoshana D. Silverstein [ARGUED], Philadelphia County Office of District Attorney, 3 South Penn Square, Philadelphia, PA 19107, Counsel for Appellees.

David J. Park [ARGUED], Williams & Connolly LLP, 680 Maine Avenue SW, Washington, DC 20024, Court Appointed Amicus Curiae.

Before: KRAUSE, BIBAS, and MATEY, Circuit Judges.

OPINION OF THE COURT

Three men joined in a shootout, but only one was convicted of murdering a bystander caught in their crossfire. A conviction obtained in violation of the Sixth Amendment, Ronald Rogers argues, because his attorney sat silently while his trial judge admonished a trial witness and offered no arguments...

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