No. 18-5662

Myrna Diaz v. New Jersey

Lower Court: New Jersey
Docketed: 2018-08-20
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights counsel-misconduct criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sentencing sixth-amendment unauthorized-practice-of-law
Latest Conference: 2018-10-26
Question Presented (from Petition)

DID THE STAFF OF THE "PROJECT FREEDOM FUND" WHO PROVIDED
FAULTY LEGAL ADVICE TO PETITIONER, AND THUS INDUCED HER TO
WITHDRAW A GUILTY PLEA FOR WHICH SHE WOULD HAVE BEEN
SENTENCED TO ONLY FIFTEEN (15) YEARS, RENDER LEGAL
REPRESENTATION DESPITE NOT HAVING BEEN ADMITTED TO PRACTICE
LAW IN NEW JERSEY, THUS VIOLATE PETITIONER'S RIGHT TO
EFFECTIVE ASSISTANCE OF COUNSEL? (U.S. Const. Amendment Six)

DID THE ABOVE CRCUMSTANCES CONSTITUTE INEFFECTIVE
ASSISTANCE OF COUNSEL (U.S. Const. Amend. Six)

Question Presented (AI Summary)

Did the staff of the 'Project Freedom Fund' who provided faulty legal advice to petitioner, and thus induced her to withdraw a guilty plea for which she would have been sentenced to only fifteen (15) years, render legal representation despite not having been admitted to practice law in New Jersey, thus violate petitioner's right to effective assistance of counsel?

Docket Entries

2018-10-29
Petition DENIED.
2018-10-04
DISTRIBUTED for Conference of 10/26/2018.
2018-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 19, 2018)

Attorneys

Myrna Diaz
Myrna Diaz — Petitioner
New Jersey
Frank J. DucoatEssex County Prosecutor's Office, Respondent