No. 19-7396

Julio Mario Haro-Verdugo v. United States

Lower Court: Ninth Circuit
Docketed: 2020-01-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cronic due-process fifth-amendment sixth-amendment strickland conflict-of-interest criminal-procedure due-process federal-law fifth-amendment habeas habeas-corpus ineffective-assistance sixth-amendment strickland-standard
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-02-21
Question Presented (from Petition)

Whether the District Court and the U.S. Court of Appeals for the Ninth Circuit's rejection of Petitioner's ineffective assistance of counsel claim(s) were contrary to, or involved an unreasonable application of Strickland and Cronic [infra], and there progenies in light of the evidence of Sixth Amendment violation(s) presented during court proceedings?

Whether due process of the Fifth Amendment was violated when the District Court denied a pro se habeas Petitioner a fair opportunity to obtain viable discoverable material of his case in order to prove an actual conflict of interest that concerned a prior romantic relationship between defense counsel and the prosecutor, and would that further violate the Sixth Amendment?

Whether this case requires a remand back to the lower Court(s) in the interest of justice when the record demonstrates an overriding need for national uniformity of Federal Law in conjunction with the Supreme Court and other U.S. Court of Appeal(s) legal precedents to the cause and prejudice standard of the Sixth Amendment guarantee, specifically when counsel was absent at a critical stage of the criminal proceedings, allowing the Magistrate Judge to impermissibly participate in plea negotiations, and did that violate Rule 11 of the Federal Rule of Criminal Procedure?

Question Presented (AI Summary)

Whether the District Court and the U.S. Court of Appeals for the Ninth Circuit's rejection of Petitioner's ineffective-assistance-of-counsel claim(s) were contrary to, or involved an unreasonable application of Strickland-and-Cronic and their progenies in light of the evidence of Sixth-Amendment violations during court proceedings?

Docket Entries

2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-01-31
Waiver of right of respondent United States to respond filed.
2019-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 24, 2020)
2019-06-27
Application (18A1366) granted by Justice Kagan extending the time to file until September 16, 2019.
2019-06-18
Application (18A1366) to extend the time to file a petition for a writ of certiorari from July 18, 2019 to September 16, 2019, submitted to Justice Kagan.

Attorneys

Julio Mario Haro-Verdugo
Julio Mario Haro-Verdugo — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent