No. 19-7513

Omar Smith v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Virginia
Docketed: 2020-02-03
Status: Denied
Type: IFP
IFP
Tags: 6th-amendment civil-rights criminal-procedure due-process evidence-suppression ineffective-assistance ineffective-assistance-of-counsel preliminary-hearing severance suppression-of-evidence trial-procedure trial-severance virginia-supreme-court witness-testimony
Latest Conference: 2020-04-03
Question Presented (from Petition)

Did the Virginia Supreme Court err in deciding that counsel's failure to file a motion for a Bill of Particulars so that Petitioner could clearly understand the charges against him and the necessary elements needed to convict him, was not ineffective assistance of counsel?

2. Did the Virginia Supreme Court err in deciding that counsel's failure to exclude the victim during the preliminary hearing, was not ineffective assistance of counsel?

3. Did the Virginia Supreme Court err in deciding that counsel's failure to suppress Sydnee Brown's testimony, was not ineffective assistance of counsel?

4. Did the Virginia Supreme Court err in deciding that counsel's failure to sever Petitioner's trial from that of his codefendants, was not ineffective assistance of counsel?

Question Presented (AI Summary)

Whether the Virginia Supreme Court erred in its rulings on ineffective assistance of counsel claims

Docket Entries

2020-04-06
Petition DENIED.
2020-03-19
DISTRIBUTED for Conference of 4/3/2020.
2020-01-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2020)

Attorneys

Omar Smith
Omar Smith — Petitioner