No. 20-6906

Charles Hamilton v. Steven Johnson, Administrator, New Jersey State Prison, et al.

Lower Court: Third Circuit
Docketed: 2021-01-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa aedpa-restrictions counsel-of-choice criminal-defendant criminal-defendant-rights federal-law sixth-amendment state-court state-court-review
Latest Conference: 2021-03-05
Question Presented (from Petition)

1. Whether a State Court's erroneous denial of a
criminal defendant's Sixth Amendment Right to
be represented by counsel of choice, resulted
in a decision that was contrary to, or involved
an unreasonable application of "clearly established"
Federal law as determined by the Supreme Court, of
the United States?

2. Whether a State Court's erroneous denial of a
criminal defendant's Sixth Amendment Right to
be represented by counsel of choice, meet the
restrictive Antiterrorism and Effective Death
Penalty Act(AEDPA ), which put restrictions on
Federal courts hearing petitions by State
prisoners?

Question Presented (AI Summary)

Whether a State Court's erroneous denial of a criminal defendant's Sixth Amendment Right to be represented by counsel of choice resulted in a decision that was contrary to or involved an unreasonable application of clearly established Federal law

Docket Entries

2021-03-08
Petition DENIED.
2021-02-18
DISTRIBUTED for Conference of 3/5/2021.
2021-02-11
Waiver of right of respondent Johnson, Adm'r, NJ, et al., et al. to respond filed.
2020-12-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2021)

Attorneys

Charles Hamilton
Charles Hamilton — Petitioner
Johnson, Adm'r, NJ, et al., et al.
Regina Marie OberholzerDivision of Criminal Justice, Respondent