No. 19-1311
Response Waived
Tags: constitutional-rights criminal-defense due-process evidence-subpoena government-agency ineffective-assistance legal-procedure mitigating-evidence public-records subpoena
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2020-09-29
Question Presented (from Petition)
In Rompilla v. Beard, 545 U.S. 374 (2005), this Court held that a criminal-defense attorney who investigated mitigating evidence but failed to find valuable public records provided ineffective assistance. If a criminal-defense attorney requests critical defensive evidence from a government agency but then fails to subpoena the evidence after the request is denied or ignored, has counsel provided effective assistance?
Question Presented (AI Summary)
Whether a criminal-defense attorney who requests critical defensive evidence from a government agency but fails to subpoena the evidence after the request is denied or ignored has provided effective assistance of counsel?
Docket Entries
2020-10-05
Petition DENIED.
2020-06-17
DISTRIBUTED for Conference of 9/29/2020.
2020-06-12
Waiver of right of respondent Texas to respond filed.
2020-05-19
Petition for a writ of certiorari filed. (Response due June 22, 2020)
Attorneys
Douglas Lynn Kirk
Gary Alan Udashen — Udashen | Anton, Petitioner
Texas