No. 19-5656
Armando J. Mena v. Rosemary Ndoh, Warden
Response WaivedIFP
Tags: constitutional-rights due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-colloquy presumption presumption-of-regularity silent-record standard-of-review
Latest Conference:
2019-10-11
Question Presented (from Petition)
Whether the Ninth Circuit misapplied Henderson v. Morgan, 426 U.S. 637
(1976), in concluding that a state court could reasonably presume from a silent
record that petitioner's trial counsel explained the elements of the offense to him
off the record, defeating even a prima facie claim that the plea was not knowing,
voluntary, and intelligent.
Question Presented (AI Summary)
Whether the Ninth Circuit misapplied Henderson v. Morgan, 426 U.S. 637 (1976), in concluding that a state court could reasonably presume from a silent record that petitioner's trial counsel explained the elements of the offense to him off the record, defeating even a prima facie claim that the plea was not knowing, voluntary, and intelligent
Docket Entries
2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-10
Waiver of right of respondent Rosemary Ndoh to respond filed.
2019-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 20, 2019)
Attorneys
Armando J. Mena
Michael Lawrence Parente — Federal Public Defender, Petitioner
Rosemary Ndoh
Daniel J. Hilton — California Department of Justice, Respondent