No. 18-6435

John Rogers v. Darrel Vannoy, Warden

Lower Court: Fifth Circuit
Docketed: 2018-10-25
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability collateral-review constitutional-right-to-counsel direct-appeal due-process extraordinary-circumstances fifth-circuit ineffective-assistance-of-counsel right-to-counsel
Latest Conference: 2019-01-04
Question Presented (from Petition)

Whether the State of Louisiana stripped John Rogers of his Constitutional Right to Representation by counsel on his claim of "ineffective assistance of trial counsel" When it prevented Rogers fron raising this claim on direct appeal where he had a Conatitkltionaj. Right to representation by Counsel and forced him to raise the claim on collateral review w here he had no Constitutional Right to representation and then failed to appoint counsel to represent him on his ineffective assistance of Counsel claim ?

Whet her the U.S. Fifth Circuit Court of Appeals for the Fifth Circuit erred denying Rogers a Certificate of Appealabi- lity failing to take into consideration thaito his were untimely because the State of Louisiana stripped Rogers of his Constitutional Right to effective assistance of counsel on his claim of "ineffective assistance of trial counsel ?

Whether the State of Louisiana's action's forcing Rogers to present his ineffective assistance of trial counsel claim on collateral review rather than direct appeal and then refusing to appoint counsel on c ollateral review to represent him on the ineffective assistance of trial counsel claim amounts to "extraordinary c ircuris tances?

Question Presented (AI Summary)

Whether the State of Louisiana stripped John Rogers of his Constitutional Right to Representation by counsel on his claim of 'ineffective assistance of trial counsel'

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-07-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2018)

Attorneys

John Rogers
John Rogers — Petitioner