No. 18-5868

William David Cannon v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Virginia
Docketed: 2018-09-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights cumulative-prejudice due-process fair-trial fourteenth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard
Latest Conference: 2018-10-12
Question Presented (from Petition)

When a reviewing court on collateral appeal #1 dismisses as "non-cognizable under law" a Cumulative Effect/Aggregate Prejudice claim, asserting multiple grounds under an ineffective assistance of counsel Sixth Amendment violation, are the Defendants constitutional rights under the Due Process clause of the Fifth and dismissal contrary to Strickland v Washington, 466 us 668(1984) and its progeny?

#2. Is the Courts Holding in IN re Winship, 397 uS 358, 364 (197o) of " proof beyond a reasonable doubt of disregarded and invalidated everyfact necessary. whena state uses multiple jury instructions to supplant the proof needed of the elements of the charges? Specifically > when the state uses two (or more) jury instructions that infer the necessary proof of the elements of the charges, ace the Defendants Sixth and Fourteenth Amendments violated?

Question Presented (AI Summary)

Whether the cumulative effect of multiple constitutional violations, including ineffective assistance of counsel, deprived the defendant of a fair trial

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-21
Waiver of right of respondent Dir., DOC to respond filed.
2018-05-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2018)

Attorneys

Dir., DOC
Toby Jay HeytensOffice of the Attorney General, Respondent
William Cannon
William D. Cannon — Petitioner