No. 19-6111

Hafiz Muhammad Sher Ali Khan v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-10-01
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: constitutional-rights district-court-orders due-process exculpatory-evidence extraterritorial-testimony ineffective-assistance ineffective-assistance-of-counsel material-witnesses out-of-country-witnesses strickland-standard strickland-v-washington witness-testimony
Key Terms:
HabeasCorpus
Latest Conference: N/A
Question Presented (from Petition)

1. Does the failure of defense trial counsel to follow specific orders from the District Court, as to how to preserve testimony of material witnesses located outside the country, constitute ineffective assistance of counsel?

2. Does Petitioner bear the burden under Strickland v. Washington of demonstrating that material witnesses definitively would have been both available and able to testify, had defense trial counsel followed the orders of the District Court, in order to establish prejudice?

Question Presented (AI Summary)

Does the failure of defense trial counsel to follow specific orders from the District Court constitute ineffective assistance of counsel?

Docket Entries

2019-11-05
Petition Dismissed - Rule 46.
2019-10-18
Stipulation of dismissal pusuant to Rule 46 filed by counsel for petitioner.
2019-10-09
Waiver of right of respondent United States of America to respond filed.
2019-09-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2019)

Attorneys

Hafiz Muhammad Sher Ali Khan
Charles Davidson SwiftConstitutional Law Center for Muslims in America, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent