No. 18-5578

Antonio U. Akel v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-08-13
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appeal appellate-procedure civil-rights constitutional-violation criminal-procedure direct-appeal due-process exceptional-injustice federal-rules-of-appellate-procedure ineffective-assistance judicial-error right-to-counsel sixth-amendment standing supervisory-authority
Latest Conference: 2019-03-01 (distributed 2 times)
Question Presented (from Petition)

1.) WIETHER THE UNDISPUTED AND CLEAR VIOLATION OF AN APPELLANTS SIXTH AMENDMENT RIGHT TO THE ASSISTANCE OF COUNSEL .ON DIRECT APPEAL IS AN EXCEPTIONAL AND EXTRAORDINARY "INJUSTICE CONTEMPLATED BY THE ELEVENTH CIRCUIT FEDERAL RULE OF APPELLATE PROCEDURE 41-1(6) 11th Ci.R.41-1( ),WHICH NOT ONLY JUSTIFIES BUT ALSO REQUIRES RECALLING THE MANDATE TO PREVENT INOJUSTICE

2.) DO THE ELEVENTH CIRCUITS FEDERAL RULE OF APPELLATE PROCEDURES SOMEHOW TRUMP AND THUS SUPERCEDE SUPREME COURT BINDING RULE OF LAW ON U.S. CONST.AMEND.VI VIOLATIONS TO THE ASSISTANCE OF COUNSEL ON DIRECT APPEAL FOUND IN PENSON V.OHIO,H8SU.S.TS CIG88); AND JOHNSON V. ZERBST, 30H U.S.458,463 (1938)?

5) PROVIDED THAT BINDING PRECEDENTS DOUGLASV.CALIFORNIA 835.C+ 814 (1963 PENSONv. 0HI0.1095.Ct346(1988)and JOHNSONv.2ERBST 58S.CT 1OI9 (I438) ARE STILL GOOD LAW, AND THAT FAIR MINDED AND REASONABLE JURIST KNOW THAT A COURT VIOLATES THE SIXTH AMENDMENT IF IT ALLOWS ADEFENDANT TO REPRESENT HIMSELF WITHOUT FIRST OBTAINING A VALID WAIVER OF COUNSEL, HAS NOT THE COURT BELOW GIVEN THE APPEARANCE OF USURPATION AND "JUDICIAL ANARCHY "AS DEFINED BY THIS COURT IN HUTTO V. DAVIS, 454 U.S. 370,375; RODRIGUEZ DEQUIAS.V. SHEARSON AMERICAN EXPRESSINC. 490 U.S.477.484, AND A RIGHTLY DIMINISHED VIEW OF OUR COURTS... ONLY BECAUSE [THE ELEVENTH CIRCUIT WAS] UNWILLING TO CORRECT [THEIRI OWN OBVIOUS MISTAKES AS ELUCIDATED BY THE HONORABLE JUSTICE GORSUCH IN HICKS V UNITED STATES.U.S.S.CT NO.16-780b (JUNE Z6thZOM)?

) IF THE RIGHT TOTHE ASSISTANCE OF COUNSEL GUARANTEED BY KNOWING AND INTELLIGENT WAIVER IOWAV.TOVAR, SHIU.S.T7,88: FARETTA V. CALIFORNIA, 4224.S. 806,821, BREWER V. WILLIAMS 430 U.S. 387, 404, WHY HAS THE ELEVENTH CIRCUET GIVEN THE APPEARANCE TO HAVE WHITEWASHED THE ACTUAL DENIAL OF COUNSEL IN US V. AKEL#OS-13TTI-BB, WHERE THE CRITICAL FACTS AND LEGAL ANALYSIS ARE ON ALL FOURS"WITH PENSONV.OHIO 1O9 S.Ct 346 (I988), AND IN LIGHT OF THIS FACT WILL THIS SUPREME COURT EXERCISE ITS SUPERVISORY AUTHORITY TO PRESERVE PUBLIC CONFIDENCE IN THE JUDICIARIES ABILITY TO AFFORD FAIR AND HONORABLE ADMINISTRATION OF JUSTICE, BY REINFORCING TO THE COURT BELOW THAT:

Question Presented (AI Summary)

Whether the undisputed and clear violation of a defendant's Sixth Amendment right to the assistance of counsel on direct appeal results in an exceptional and extraordinary 'injustice' contemplated by the Eleventh Circuit Federal Rule of Appellate Procedure 41(b) and 28 U.S.C. 2255(b) that not only justifies but also requires recalling the mandate to prevent injustice

Docket Entries

2019-03-04
Rehearing DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2019-02-13
DISTRIBUTED for Conference of 3/1/2019.
2018-10-19
Petition for Rehearing filed.
2018-10-01
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-20
Waiver of right of respondent United States to respond filed.
2018-04-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2018)

Attorneys

Antonio U. Akel
Antonio Akel — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent