No. 19-1473

Phillip Hartsfield v. Stepanie Dorethy, Warden

Lower Court: Seventh Circuit
Docketed: 2020-07-08
Status: Denied
Type: Paid
Response Waived
Tags: appellate-certification contemporaneous-assertion contemporaneous-objection federal-habeas-corpus ineffective-assistance-of-counsel prejudice-standard right-to-testify state-court-requirement strickland-standard strickland-v-washington witness-testimony
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. Whether th e lower court err ed by holding that th e preju dice standard
applying to ineffective assi stance of counsel claims under Strickland v. W ashington ,
466 U.S. 668 (1984 ) is applica ble to Mr. Hartsfield's claim that his counsel usurped
his exercise of h is right to testify in h is own defense an d in condoning the pu rported
state court requir ement that a defendant make a contempo raneous, on the record
assertion of h is right to testify in the face of being silenced by h is counsel?

2. Whether th e lower court err ed in declining to certify for a ppeal the issue
of whether state court un reasonably a pplied clearly established f ederal la w in denying
Mr. Hartsf ield's claim th at tri al counsel wa s ineff ective for fa iling to call William
"Billy" Thompson to testify on Har tsfield's behalf , where Th ompson co uld h ave
refuted testimony fr om the Sta te's witness that H artsf ield's co -defendant ha d him
dispose o f the mur der weapon a nd wh ere Th ompson' s testimony to the
co-defendant's jur y led to the co-defendant's acquittal?

Question Presented (AI Summary)

Whether the lower court erred by holding that the prejudice standard applying to ineffective assistance of counsel claims under Strickland v. Washington is applicable to the defendant's claim that his counsel usurped his right to testify

Docket Entries

2020-10-05
Petition DENIED.
2020-09-29
Waiver of right of respondent Stephanie Dorethy, Warden to respond filed.
2020-08-19
DISTRIBUTED for Conference of 9/29/2020.
2020-07-02
Petition for a writ of certiorari filed. (Response due August 7, 2020)

Attorneys

Phillip Hartsfield
Leopoldo LastreLastre Law Office, Petitioner
Stephanie Dorethy, Warden
Michael Marc Glick — Respondent