No. 18-6227

DeWayne L. Wester v. Illinois

Lower Court: Illinois
Docketed: 2018-10-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cause cause-standard ineffective-assistance-of-counsel jury-instruction jury-instructions post-conviction post-conviction-petition res-judicata successive-petition
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-12-07
Question Presented (from Petition)

Where a State Court fail to adjudicate an issue properly raised and argued in a post conviction petition and on appeal, can the absence of a res judicata bar constitute cause for purposes of filing a successive petition. Or, does the fact that an issue was presented in an initial petition in and of itself prevent a petitioner from raising it again no matter the circumstances?

Does counsel's performance fall below prevailing professional norms and become prejudicial, where counsel acquiesced in the court's failure to properly instruct the jury?

Question Presented (AI Summary)

Where a State Court fail to adjudicate an issue properly raised and argued in a post conviction petition and on appeal, can the absence of a res judicata bar constitute cause for purposes of filing a successive petition, or does the fact that an issue was presented in an initial petition in and of itself prevent a petitioner from raising it again no matter the circumstances?

Docket Entries

2018-12-10
Petition DENIED.
2018-11-27
Waiver of right of respondent Illinois to respond filed.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-09-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2018)

Attorneys

DeWayne L. Wester
DeWayne L. Wester — Petitioner
Illinois
Michael Marc Glick — Respondent