No. 18-5127

Martinez Orlando Black v. North Carolina

Lower Court: North Carolina
Docketed: 2018-07-05
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure due-process felony-classification habitual-offender ineffective-assistance-of-counsel juvenile-delinquency prior-conviction recidivism sentencing sentencing-enhancement sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2018-09-24
Question Presented (from Petition)

Did the failure of defense counsel to object to the increase in Petitioner's sentence into the "aggravated range" at Felony Class C, by use of a prior juvenile delinquency conviction, constitute Ineffective Assistance of Counsel, because the Petitioner did not commit a Class C felony?

Question Presented (AI Summary)

Did the failure of defense counsel to object to the increase in Petitioner's sentence into the 'aggravated range' at Felony Class C, by use of a prior juvenile delinquency conviction, constitute Ineffective Assistance of Counsel, because the Petitioner did not commit a Class C felony?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-01-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)

Attorneys

Martinez Orlando Black
Bruce Tracy Cunningham Jr.The Law Office of Bruce T. Cunningham, Jr., Petitioner