No. 18-8565
IFP
Tags: burden-of-proof constitutional-error direct-appeal harmless-error ineffective-assistance-counsel ineffective-assistance-of-counsel jury-instruction jury-instructions standard-of-review strickland-standard strickland-test strickland-v-washington
Latest Conference:
2019-05-23
Question Presented (from Petition)
IF A TRIAL ATTORNEY'S FAILURE TO OBJECT TO THE OMMISION OF A REQUIRED INSTRUCTION FROM THE JURY CHARGE RAISES THE BURDEN OF PROOF ON DIRECT APPEAL, WHERE, HAD TRIAL COUNSEL PROPERLY OBJECTED AT TRIAL THE OUTCOME OF THE DIRECT APPEAL WOULD HAVE BEEN DIFFERENT, DOES THE SECOND PRONG OF STRICKLAND APPLY?
Question Presented (AI Summary)
Whether a trial attorney's failure to object to the omission of a required jury instruction raises the burden of proof on direct appeal, where the outcome would have been different had the objection been made
Docket Entries
2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2018-09-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2019)
Attorneys
Evender Jackson
Evender Gene Jackson — Petitioner