No. 19-6781

Donato Luna-Quintero v. Indiana

Lower Court: Indiana
Docketed: 2019-11-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process effective-assistance effective-assistance-of-counsel foreign-defendant jury-trial language-barrier language-barriers limited-english-proficiency right-to-counsel waiver
Latest Conference: 2020-01-17
Question Presented (from Petition)

Is a defendant's constitutional right to a jury trial properly waived, and is counsel providing effective assistance, when the defendant, a foreign citizen with limited English proficiency and no prior contact with the American criminal justice system, was never informed by counsel of what a jury trial entails, and the court made no inquiry to ascertain whether the defendant understood the benefits and burdens of a jury trial?

Question Presented (AI Summary)

Whether the defendant's constitutional right to a jury trial was properly waived, and whether counsel provided effective assistance, when the defendant was a foreign citizen with limited English proficiency and no prior contact with the American criminal justice system, was never informed by counsel of what a jury trial entails, and the court made no inquiry to ascertain whether the defendant understood the benefits and burdens of a jury trial

Docket Entries

2020-01-21
Petition DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-19
Waiver of right of respondent Indiana to respond filed.
2019-11-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 30, 2019)

Attorneys

Donato Luna-Quintero
Donato Luna-Quintero — Petitioner
Indiana
Stephen Richard Creason — Respondent