No. 19-5675

Stephen Jason Whitaker v. Jeff Premo, Superintendent, Oregon State Penitentiary

Lower Court: Ninth Circuit
Docketed: 2019-08-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability due-process exhaustion-of-state-remedies habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel postconviction-counsel procedural-default sentencing-guidelines state-court-proceedings vasquez-v-hillery
Latest Conference: 2019-10-01
Question Presented (from Petition)

Whether a Court of Appeals' denial of a certificate of appealability conflicts with this Court's rulings in Vasquez v. Hillery, 474 U.S. 254, 260 (1986), where the district court determined that the state court claim that trial counsel was ineffective in allowing the defendant to enter a guilty plea based on counsel's "misleading information about the law and sentencing and how it applied" exhausted the more specific federal habeas claim that trial counsel was ineffective in failing to advise him of relevant statutory maximum penalties.

Question Presented (AI Summary)

Whether a Court of Appeals' denial of a certificate of appealability conflicts with this Court's rulings in Vasquez v. Hillery

Docket Entries

2019-10-07
Petition DENIED.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-08-28
Waiver of right of respondent Jeff Premo to respond filed.
2019-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2019)

Attorneys

Jeff Premo
Benjamin Noah GutmanOregon Department of Justice, Respondent
Stephen Whitaker
Oliver LoewyFederal Public Defender, Petitioner