No. 18-9093

James M. Ferguson v. Pelicia E. Hall, Commissioner, Mississippi Department of Corrections, et al.

Lower Court: Fifth Circuit
Docketed: 2019-05-02
Status: Denied
Type: IFP
IFP
Tags: amendment civil-rights due-process effective-assistance-of-counsel indictment notice preliminary-hearing right-to-notice-of-charges right-to-prepare-defense
Latest Conference: 2019-10-01
Question Presented (from Petition)

C Cout Appoint pue cefender, ak fr continace FOR Client. After client inform AtorNey he Would Not sign Wavier of preliminaly, Because he wanted to vave hearing. He was charge with stabbing his glelfeiend And he hadt stab Ano. Counse Went before the Post pone.Deiend Assistance of Counsel. Petitione defendant Effective prelimi ay hearing it woud haw believe if he had had been Exposed Victim Suffer No Stab wouNds.. Defendant Receive Notice NO he would be tired FOR Causing INTuRiEs Victim HaiR to with Cueling IRON,DRyer and Rado. Indiotent Read; stab Victim with Nife. At trial prosecution these inteoduce three tems, said, defendant beat Victim Unconscious. show hotographs of Victim Swollen face The pRosecutioN . Indictuent. Deferdant was Amend P20 for Aots he charge v with. Deferdants Not have a Right to was inform of the Nature of the Charge. to be able to

Question Presented (AI Summary)

Whether the defendant received effective assistance of counsel when his attorney failed to request a preliminary hearing, which would have exposed the victim's lack of stab wounds and undermined the prosecution's case

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2018-09-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2019)

Attorneys

James M. Ferguson
James M. Ferguson — Petitioner