No. 18-5216
Johnny Allen Martin v. Gregory McLaughlin, Warden
Response WaivedIFP
Tags: case-law constitutional-violation counsel-right criminal-appeal direct-appeal due-process effective-assistance-of-counsel equal-protection ineffective-assistance statutory-provisions threshold-determination
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2018-09-24
Question Presented (from Petition)
DOES THE PETITIONER HAVE A NONWAIVABLE CONSTITUTIONAL RIGHT TO DUE PROCESS OF THE LAW? DIRECT APPEAL FROM HIS OR HER CONVICTION, AND ON THE MERIT OF HIS OR HER CLAIMS?
DOES THE STATE COURTS FAILURE TO MAKE THE THRESHOLD DETERMINATION AS REQUIRED UNDER THE STATUTORY PROVISION VIOLATE THE PETITIONER'S RIGHT TO THE EQUAL PROTECTION OF THE LAW?
Question Presented (AI Summary)
Does the petitioner have a nonwaivable constitutional right to (a) effective/conflict-free assistance of counsel on direct appeal from his or her conviction, and (b) equal protection of the law warranting a determination on the merits of his or her claims?
Docket Entries
2018-10-01
Petition DENIED.
2018-07-26
DISTRIBUTED for Conference of 9/24/2018.
2018-07-20
Waiver of right of respondent Gregory McLaughlin to respond filed.
2018-06-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 13, 2018)
Attorneys
Gregory McLaughlin
Andrew Alan Pinson — Deputy Solicitor, Respondent
Johnny Martin
Johnny A. Martin — Petitioner