No. 20-5319

Juan Carlos Avila-Gonzalez v. United States

Lower Court: Fifth Circuit
Docketed: 2020-08-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability civil-rights compelled-speech competence-to-waive counsel-investigation due-process fifth-circuit free-exercise free-speech ineffective-assistance medical-history public-accommodations
Latest Conference: 2020-09-29
Question Presented (from Petition)

WHETHER THE FIFTH CIRCUIT APPLIED THE CORRECT LEGAL STANDARD WHEN DENIED AVILA'S COA IN THE CLAIM THAT HE RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL BASED ON FAILURE TO INVESTIGATE HIS MEDICAL HISTORY AND TO MOVE FOR AN EXAMINATION OF HIS COMPETENCE TO WAIVE COUNSEL.

Question Presented (AI Summary)

Whether the First Amendment prohibits the government from requiring individuals to engage in speech that violates their sincerely held religious beliefs

Docket Entries

2020-10-05
Petition DENIED.
2020-08-20
DISTRIBUTED for Conference of 9/29/2020.
2020-08-13
Waiver of right of respondent United States to respond filed.
2020-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2020)

Attorneys

Juan Carlos Avila-Gonzalez
Juan Carlos Avila-Gonzalez — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent