No. 19-6096

Jerry Simmons v. Darryl Vannoy, Warden

Lower Court: Fifth Circuit
Docketed: 2019-09-30
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: biased-judge constructive-denial constructive-denial-of-assistance-of-counsel criminal-procedure ineffective-assistance judicial-bias right-to-counsel right-to-present-defense right-to-self-representation self-representation sixth-amendment structural-error structural-error-doctrine
Latest Conference: 2020-02-21 (distributed 2 times)
Question Presented (from Petition)

Whether the decision by the United States Fifth Circuit Court of Appeals contrary to, or involve an unreasonable application of, clearly established Federal Law, as determined by the Supreme Court of the United States in respect to;

Failing To Consider Mr. Simmons' "Constructive Denial Of Assistance Of Counsel" Claim Under The Cronic Standard Opposed To The Strickland Two Prong Test, Where Counsel Provided No Actual Assistance Towards Mr. Simmons' Defense And Maintained Relationship With Victim?1.)

Denial Of Mr. Simmons' Fundamental Right Of Self-Representation At The Critical Pretrial Stages Of The Proceedings?2.)

Not Applying Structural Error Doctrine, Requiting Automatic Reversal In Respect To Claims Of Constructive Denial Of Assistance Of Counsel; Denial Of Self-Representation and Being Tried By A Bias Judge?3.)

The Denial Of Mr. Simmons' Sixth Amendment Right To Present His Defense Including His Accompanying Rights Of Assistance Of Counsel For His Defense, Compulsory Process; His Request To Change His Plea And Combination Defense; And Request For Expert In Field Of Psychiatry Crucial For His Insanity Defense?4.)

Mr. Simmons' Claim Of Being Tried By A Bias Judge, Where Judge Acted As Part Of The Prosecution Team; Denied Indigent's Request For Expert, Informing Him Expert Was Not Available For Him; Ruled On Defendant's Sanity At Time Of The Offense; Misstated Facts And Facts Of Law In Denying Mr. Simmons' Defense And Other Request?5.)

Question Presented (AI Summary)

Whether the decision by the United States Fifth Circuit Court of Appeals contrary to, or involve an unreasonable application of, clearly established Federal Law, as determined by the Supreme Court of the United States

Docket Entries

2020-02-24
Rehearing DENIED.
2020-01-22
DISTRIBUTED for Conference of 2/21/2020.
2019-12-19
Petition for Rehearing filed.
2019-12-09
Petition DENIED.
2019-12-05
Waiver of right of respondent Darryl Vannoy to respond filed.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 30, 2019)

Attorneys

Darryl Vannoy
Elizabeth Baker MurrillOffice of the Attorney General, Respondent
Jerry Simmons
Jerry Simmons — Petitioner