No. 19-6045

Scott H. Summerhays v. United States

Lower Court: Ninth Circuit
Docketed: 2019-09-24
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-counsel change-of-plea criminal-procedure critical-stage effective-assistance-of-counsel faretta faretta-waiver ineffective-assistance right-to-counsel sixth-amendment waiver
Key Terms:
HabeasCorpus
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (from Petition)

1. Does a criminal defendant have a right under the Sixth Amendment to reassert his right to counsel at a critical stage (a change of plea hearing) after he had previously waived his right to counsel per Faretta?

2. Was Petitioner's Sixth Amendment right to effective assistance of appellate counsel violated when appellate counsel failed to argue that Petitioner's Sixth Amendment right to counsel was denied at a critical stage?

3. Was Petitioner's Sixth Amendment right to effective assistance of counsel violated when sentencing counsel failed to object to not only his criminal history, but also his criminal history category?

4. Was Petitioner's Sixth Amendment right to effective assistance of appellate counsel violated when appellate counsel failed to argue that his criminal history and criminal history points were miscalculated at sentencing?

Question Presented (AI Summary)

Does a criminal defendant have a right under the Sixth Amendment to reassert his right to counsel at a critical stage (a change of plea hearing) after he had previously waived his right to counsel per Faretta?

Docket Entries

2020-01-13
Rehearing DENIED.
2019-12-18
DISTRIBUTED for Conference of 1/10/2020.
2019-11-18
Petition for Rehearing filed.
2019-11-04
Petition DENIED.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-10-02
Waiver of right of respondent United States to respond filed.
2019-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2019)

Attorneys

Scott H. Summerhays
Scott H. Summerhays — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent