No. 20-5162

Joseph Shane Terry v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-07-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-process attorney-ineffective conflict-of-interest constitutional-rights counsel-representation due-process ineffective-assistance plea-agreement witness-testimony
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (from Petition)

Is an attorney ineffective and engaging in a conflict of interest by making
negative statements about his client to the court, informing the court that
his Defendant was trying to effect an "abuse of process" by withdrawing his plea
agreement, then proceeding to testify as a witness against his own client to
obstruct the withdraw of said plea.

Does denying simple discovery of facts unavailable in existing court proceedings
but directl^lyelated to later testimony obstruct the right to due process.

Is an attorney ineffective for failing to report a direct conflict of
interest with his client.

Can a claim of ineffective assistance of counsel be waived by plea colloquy.

Is counsel ineffective by failing to appear at sentencing, therefore
causing a "stand-by" counsel to represent without having knowledge of the facts
related to sentencing.

Is counsel ineffective by arguing the incorrect standard of law.

Was counsel ineffective in not properly arguing that 18 U.S.C. §3287
correctly applies to war related issues and fraud against the United States.

Question Presented (AI Summary)

Is an attorney ineffective and engaging in a conflict of interest

Docket Entries

2020-10-05
Petition DENIED.
2020-08-06
DISTRIBUTED for Conference of 9/29/2020.
2020-07-29
Waiver of right of respondent United States to respond filed.
2019-11-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2020)

Attorneys

Joseph Shane Terry
Joseph Shane Terry — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent