No. 20-6652
Rex Duane Stephenson v. Brandon Kelly, Superintendent, Oregon State Penitentiary
IFP
Tags: collateral-review constitutional-rights criminal-trial direct-appeal federal-habeas-corpus habeas-corpus ineffective-assistance jury-unanimity post-conviction-relief ramos-v-louisiana sixth-amendment
Latest Conference:
2021-02-19
Question Presented (from Petition)
I. Whether counsel provides ineffective assistance in violation of the Sixth Amendment to the United States Constitution when he fails to investigate and to challenge the State's evidence at trial.
II. Whether the rule of Ramos v. Louisiana, holding that the Sixth and Fourteenth Amendments to the United States Constitution require juries unanimity, applies retroactively to cases on collateral review.
Question Presented (AI Summary)
Whether counsel provides ineffective assistance
Docket Entries
2021-02-22
Petition DENIED.
2021-01-28
DISTRIBUTED for Conference of 2/19/2021.
2021-01-14
Brief of respondent Brandon Kelly in opposition filed.
2020-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 19, 2021)
Attorneys
Brandon Kelly
Benjamin Noah Gutman — Oregon Department of Justice, Respondent
Rex Duane Stephenson