No. 19-6792

Victor Sanchez v. Patrick Nogan, Administrator East Jersey State Prison, et al.

Lower Court: Third Circuit
Docketed: 2019-12-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-intervention plea-bargaining procedural-due-process right-to-appeal sentencing sentencing-review
Latest Conference: 2020-01-17
Question Presented (from Petition)

Where trial counsel admits to ineffective advice that lead to this petitioner being sentenced to (5) five years more time than he would have received in the initial plea offer, should the additional (5) five years be deducted from his sentence in accordance with recent jurisprudence from this court?

In the State of New Jersey where it is overtly clear that the attorneys assigned to criminal defendants by the "New Jersey public defenders office " intentionally manipulates the time; causing procedural bars that will prevent adequate review by higher state and federal courts, should this court assert its authority -tolling the time where this practice occurs — to insure that constitutional rights to appeal criminal convictions are protected from this malicious practice that is depriving criminal defendant 's of their constitutional right to appeal their convictions?

Question Presented (AI Summary)

Where trial counsel admits to ineffective advice that lead to this petitioner being sentenced to (5) five years more time than he would have received in the initial plea offer, should the additional (5) five years be deducted from his sentence in accordance with recent jurisprudence from this court?

Docket Entries

2020-01-21
Petition DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-18
Waiver of right of respondents Patrick Nogan, Administrator, East Jersey State Prison, et al. to respond filed.
2019-11-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2020)

Attorneys

Patrick Nogan, Administrator, East Jersey State Prison, et al.
Frank J. DucoatEssex County Prosecutor's Office, Respondent
Victor Sanchez
Victor Sanchez — Petitioner