No. 18-6642

Ikemefula Charles Ibeabuchi v. Arizona

Lower Court: Arizona
Docketed: 2018-11-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights consent constitutional-rights due-process equal-protection fees judicial-review probation probation-conditions probation-officer revocation right-to-counsel
Latest Conference: 2019-01-04
Question Presented (from Petition)

A defendant always has the vight to Centact an attorney at his own expense. It is a violation of the U.S. Constitution to punish defendants for exercising their Constitutional rights. Mr Ibeabuchi had questions about his probation and contacted his attomey. When Mr. beabuchi asked his probation officer to allow him to work with Counsel to resolve the questions, the probation officer petitioned for Mr. beabuchi's probation revocation and the Court found him in violation. Did the Court unConittonally pumsh Mr beabuch orexercsig his right to Counsel?

A probationer cannot be purnished merely because he cannot pay fees. Mr. Ibeabuchis probation officer told him he would have to pay for'sex offender Counselling. She did not tell him that probation Could help pay if he could not. Because he believed he would have to pay but was unable, M. beabuchi did not sign up for the Counseling Through failing to educate Mr. beabuchi on his options, did probation effectively punish him for being unable to pay fees?

Question Presented (AI Summary)

Did the court violate Mr. Ibeabuchi's right to counsel by revoking his probation for exercising his constitutional rights?

Docket Entries

2019-01-07
Petition DENIED.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-12-03
Waiver of right of respondent State of Arizona to respond filed.
2018-07-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2018)

Attorneys

Ikemefula Ibeabuchi
Ikemefula Charles Ibeabuchi — Petitioner
State of Arizona
Elizabeth B. N. GarciaArizona Attorney General's Office, Respondent