No. 19-7350
IFP
Tags: aedpa appeal-waiver criminal-procedure critical-stage garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining post-sentencing retroactivity statute-of-limitations
Latest Conference:
2020-03-20
Question Presented (from Petition)
1. Whether Garza v. Idaho, — U.S. 139 S.Ct. 738, 203 L.Ed.2d 77 (2019) adopts a new watershed rule of procedure that applies retroactively on state collateral review to criminal defendants that signed appeal waivers as part of a plea agreement?
2. Whether the ten (10) day hiatus after sentencing constitutes a critical stage entitling criminal defendants to constitutionally effective assistance of counsel for the application to withdraw plea or perform the ministerial task of filing Form 13.5?
Question Presented (AI Summary)
Whether Garza v. Idaho adopts a new watershed rule of procedure that applies retroactively on state collateral review
Docket Entries
2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 20, 2020)
Attorneys
Billy Battenfield
Billy Battenfield — Petitioner