No. 18-7885

Christopher VanGuilder v. Daniel Martuscello, Superintendent, Coxsackie Correctional Facility

Lower Court: Second Circuit
Docketed: 2019-02-11
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: conflict-of-interest criminal-procedure due-process entrapment-defense grand-jury ineffective-assistance ineffective-assistance-of-counsel prejudicial-testimony right-to-counsel sixth-amendment supplemental-instructions supplemental-jury-instructions
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2019-05-30 (distributed 2 times)
Question Presented (from Petition)

QUESTION (1)
Whether United States District Second Circuit Court Of Appeals
and or said Lower Court's Erred in Failing to grant Petitioner's
Ineffective Assistance Of Counsel Claim/Argument regrddlliig
defense Conflict Of
Interest"and or Safeguard Petitioner's Sixth Amendment Right to
A Lawyer UnEncumbered by an Actual Conflict or Serious Potential
for Conflict Of Interest?

QUESTION (2)
Whether United States District Second Circuit Court Of Appeals
and or said Lower Court's Erred/Acted Contrary to established
Sixth Amendment Guarantees Of The United States and State Of New
York Constitutions and or Federal Standards due petitioner
regarding trial court's Conflict Of Interest Inquiry Colloquy
Claim/Argument?

QUESTION (3)
Whether United States District Second Circuit Court Of Appeals
and or said Lower Court's Acted Contrary to U.S.C.A.Const.Amend.
5,6,by Failing to grant Petitioner's Claim/Argument regarding
defense counsel(Stanclift)Failure to raise petitioner's :
"ENTRAPMENT Defense"?

QUESTION (4)
Whether United States District Second Circuit Court Of Appeals
and or said Lower Court's Erred in Allowing Prejudicial testimony/
evidence to be considered by the Grand Jury?

QUESTION (5)
Whether United States District Second Circuit Court Of Appeals
and or said Lower Court's Erred/Acted Contrary to established
Federal Case Law in failing to grant Petitioner's Claim/Argument
regarding trial court's failure to provide meaningful Supplemental
/Charge Instructions to the Grand Jury?

Question Presented (AI Summary)

Whether United States District Second Circuit Court Of Appeals and or said Lower Court's Erred in Failing to grant Petitioner's Ineffective Assistance Of Counsel Claim/Argument reganding= defense counsel(Stanclift)UnLawful/UnConsentable Conflict Of Interestand or Safeguard Petitioner's Sixth Amendment Right to A Lawyer UnEncumbered by an Actual Conflict or Serious Potential for Conflict Of Interest?"

Docket Entries

2019-06-03
Rehearing DENIED.
2019-05-14
DISTRIBUTED for Conference of 5/30/2019.
2019-05-01
Petition for Rehearing filed.
2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-13
Waiver of right of respondent Daniel Martuscello to respond filed.
2018-12-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 13, 2019)

Attorneys

Christopher VanGuilder
Christopher VanGuilder — Petitioner
Daniel Martuscello
Alyson Joy GillNew York State Office of the Attorney General, Respondent