No. 18-7644

Carlos Benitez v. James Key, Superintendent, Airway Heights Corrections Center

Lower Court: Ninth Circuit
Docketed: 2019-01-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review conflict-of-interest constitutional-provisions criminal-procedure due-process effective-counsel evidentiary-hearing habeas habeas-corpus legal-claim right-to-counsel sixth-amendment standard-of-appealability standard-of-review
Latest Conference: 2019-02-22
Question Presented (from Petition)

Did trial counsel have a conplict of interest by simulttanecusly representing Me. Benitez and a defense witness, violating Mir. Benitez's Sixth Amendment hight to effective assistance of counsel?

Was Mr. Benitez entitled to an evidentiary heaking on his claim that trial counsel had a conflict of interest by simultaneorsly representing Mr. Benitez anda dfense witnes?

Did the United States Court of Appeals for the Ninth Circuit standand that corthavenes this Court's precedent when it denied Mr. Benitez a COA on his habeas claim thathis trial counsel labored under a conflict ofinterest in viokation of his sith Amendment ight to effective cosel?

Question Presented (AI Summary)

Did trial counsel have a conflict of interest by simultaneously representing Mr. Benitez and a defense witness?

Docket Entries

2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2019-01-30
Waiver of right of respondent James Key to respond filed.
2019-01-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2019)

Attorneys

Carlos Benitez, Jr.
Carlos Benitez Jr. — Petitioner
James Key
John Joseph Samson — Respondent