No. 20-5423

Edwin Jassiel Peralta-Castro v. United States

Lower Court: Fifth Circuit
Docketed: 2020-08-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process fifth-circuit ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-proceedings pre-trial-stage sentencing-exposure
Latest Conference: 2020-09-29
Question Presented (from Petition)

Did the Fifth Circuit Court of Appeals err in determining there was no "Substantial Showing of Denial of a Constitutional Right " - Failure to Explain to Peralta-Castro his sentencing exposure prior to advising him to plead guilty, thus reaching a level of ineffectiveness.

Did the Fifth Circuit Court of Appeals err in determining there was no "Substantial Showing of Denial of a Constitutional Right " - The allegations of ineffectiveness during the pre-trial stage which encouraged the matter to proceed further.

Question Presented (AI Summary)

Did the Fifth Circuit Court of Appeals err in determining there was no 'Substantial Showing of Denial of a Constitutional Right' — Failure to Explain to Peralta-Castro his sentencing exposure prior to advising him to plead guilty, thus reaching a level of ineffectiveness

Docket Entries

2020-10-05
Petition DENIED.
2020-08-27
DISTRIBUTED for Conference of 9/29/2020.
2020-08-24
Waiver of right of respondent United States to respond filed.
2020-08-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2020)

Attorneys

Edwin J. Peralta-Castro
Edwin Jassiel Peralta-Castro — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent