No. 20-6603

In Re Antonio Akel

Lower Court: N/A
Docketed: 2020-12-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-jurisdiction appellate-procedure due-process equal-protection habeas-corpus mandamus right-to-counsel sixth-amendment structural-error
Latest Conference: 2021-02-19
Question Presented (from Petition)

WHETHER:

A WRIT OF MANDAMUS IS THE ONLY APPROPRIATE REMEDY WHERE THE ELEVENTH CIRCUIT COURT OF APPEALS IS IN CLEAR AND UNEQUIVOCAL DEPARTURE OF FEDERAL v. LEIS AND CIRCUIT PRECEDENT AS EXTENDED TO THE 1963 APPEAL PROCESS IN DOUGLAS v. CALIFORNIA AND ACCORD BENSON — AND AS A CONSEQUENCE, A SUBJECT WAS DEPRIVED OF EQUAL PROTECTION OF THE LAWS UNDER ANTONIO AKEL'S RELIANCE UPON THE UNITED STATES CONSTITUTION'S SIXTH AMENDMENT RIGHT TO THE ACTUAL ASSISTANCE OF COUNSEL AT EVERY STAGE OF THE PROCEEDINGS, UNITED STATES v. CRONIC, U.S. [?], WITH NOTICE, BUT THAT SAME COURT OF APPEALS WITHOUT ANY ORIGINAL JURISDICTION TO ENJOIN APPELLANTS ON FIRST TIER DIRECT REVIEW.

SIXTH AMENDMENT RIGHT TO THE ACTUAL ASSISTANCE OF COUNSEL DURING THE BRIEFING STAGE OF THE APPELLATE PROCESS IS NOT AN EXCEPTIONAL CIRCUMSTANCE AMOUNTING TO A JUSTICIABLE JUSTIFICATION.

WHETHER A WRIT OF MANDAMUS IS THE ONLY APPROPRIATE REMEDY WHERE THE ELEVENTH CIRCUIT COURT OF APPEALS' DEPARTURE FROM A REGULAR APPEAL PROCESS IS CLEAR AND UNEQUIVOCAL.

Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeals erred in denying the petitioner's request for a writ of mandamus to compel the court to provide the petitioner with counsel during the direct appeal process, in violation of the Sixth Amendment right to counsel

Docket Entries

2021-02-22
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of mandamus is dismissed. See Rule 39.8. Justice Kagan took no part in the consideration or decision of this motion and this petition.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2021-01-07
Waiver of right of respondent United States to respond filed.
2020-11-23
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2021)

Attorneys

In Re Antonio Akel
Antonio Akel — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent