No. 19-5403

Randy Charriez-Rolon v. United States

Lower Court: First Circuit
Docketed: 2019-07-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal appellate-ineffectiveness criminal-procedure defendant-silence due-process due-process,self-incrimination,plain-error,ineffec first-circuit-review free-speech plain-error prosecutorial-commentary rule-29-motion silence
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Whether the First Circuit's op/order affirming
Petitioner's sentence and conviction finding no plain
error when the United States commented on Petitioner's
silence as to specific areas which were not addressed
in Petitioner's direct testimony warrants certiorari ?

2. Whether the First Circuits ruling on Petitioner's
Rule 29 motion should be remanded for a new trial ?

3. Whether Appellate Counsel was ineffective for
filing a direct appeal on Petitioner's behalf without
reviewing the evidence. Specifically, the First Circuit
pointed out "Curiously, unlike the jury and us, Charriez's
Appellate Counsel has not looked at the photos ? See App
A.

Question Presented (AI Summary)

Whether the First Circuit's op/order affirming Petitioner's sentence and conviction finding no plain error when the United States commented on Petitioner's silence as to specific areas which were not addressed in Petitioner's direct testimony warrants certiorari?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-07
Waiver of right of respondent United States to respond filed.
2019-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2019)

Attorneys

Randy Charriez-Rolon
Randy Charriez-Rolon — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent