No. 19-6069

Kevin Dewitt Skaggs v. Ron Baker, Warden, et al.

Lower Court: Tenth Circuit
Docketed: 2019-09-26
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure criminal-procedure-sixth-amendment cumulative-analysis evidence expert-consultation expert-witness ineffective-assistance-of-counsel overwhelming-evidence pre-trial-investigation sixth-amendment strickland-standard strickland-v-washington trial-strategy
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-11-22
Question Presented (from Petition)

Whether defense counsel performs unreasonably under the Sixth Amendment if their pre-trial and trial investigations and strategies are based on their belief in the impossible, a belief that leads counsel to not even consider consulting with an expert, and not investigating if certain evidence could be challenged.

Whether a court's decision to grant a Certificate of Appealability on only some parts of an ineffective assistance of counsel claim conflicts with cumulative analysis required by both the deficient performance and prejudice prongs of Strickland v. Washington.

It is long overdue that this Court defines exactly what "overwhelming evidence" is and what test or standard must be applied before a court can determine there is overwhelming evidence against a defendant.

Question Presented (AI Summary)

Whether defense counsel performs unreasonably under the Sixth Amendment

Docket Entries

2019-11-25
Petition DENIED.
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2019)

Attorneys

Kevin Dewitt Skaggs
Kevin Skaggs — Petitioner