No. 19-5931

Darryl Allen v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-09-13
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appeal appellate-rights collateral-relief collateral-review constitutional-rights counsel-consultation due-process garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-appeal roe-v-flores-ortega waiver
Latest Conference: 2019-12-06 (distributed 2 times)
Question Presented (from Petition)

Did the Pennsylvania courts err in denying collateral relief where prior counsel was ineffective for failing to consult fully with the petitioner, Darryl Allen, about taking an appeal, and in failing to preserve all post-sentence and appellate rights absent a knowing, intelligent, and voluntary waiver of those rights? More specifically, does the "knowing, intelligent, and voluntary" language of Garza v. Idaho, 139 S. Ct. 738, 745 n.6 (2019), govern the consultation requirement of Roe v. Flores-Ortega, 528 U.S. 470 (2000)?

Question Presented (AI Summary)

Did the Pennsylvania courts err in denying collateral relief where prior counsel was ineffective for failing to consult fully with the petitioner, Darryl Allen, about taking an appeal, and in failing to preserve all post-sentence and appellate rights absent a knowing, intelligent, and voluntary waiver of those rights?

Docket Entries

2019-12-09
Rehearing DENIED.
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-11-12
Petition for Rehearing filed.
2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-19
Waiver of right of respondent Commonwealth of Pennsylvania to respond filed.
2019-09-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2019)

Attorneys

Commonwealth of Pennsylvania
Nancy WinkelmanDistrict Attorney's Office, Respondent
Darryl Allen
Richard T. Brown Jr. — Petitioner