Smith v. Tyson
Petition for certiorari denied on March 29, 2021
Issues: (1) Whether the review required under Section 2254 of the Antiterrorism and Effective Death Penalty Act of 1996 and Cullen v. Pinholster is
violated by reliance upon a “some ambiguity” standard
utilized by the U.S. Court of Appeals of the 3rd Circuit to find a due process
violation without affording the required benefit of
the doubt to both defense counsel and the trial court; (2) whether the 3rd Circuit's decision granting
habeas relief on the basis of alleged erroneous jury
instructions in a state accomplice murder trial err by
failing to apply the Supreme Court’s own precedent in Waddington v. Sarasaud; and (3) whether, by ignoring whole sections of the trial court’s
charge to the jury with respect to accomplice liability
and failing to view it in the context of the trial record,
the 3rd Circuit erred in concluding that there
exists a substantial and not just a conceivable likelihood
of a different result.