No. 20-7053

Hector Manuel Torres v. Texas

Lower Court: Texas
Docketed: 2021-02-05
Status: Denied
Type: IFP
IFP
Tags: effective-assistance-of-counsel equal-protection fourteenth-amendment ineffective-assistance plea-bargain retroactivity sixth-amendment strickland-standard
Key Terms:
DueProcess Immigration
Latest Conference: 2021-04-16
Question Presented (from Petition)

In Ghaidez V United kStages. 56B U . S . 342( 2023 ) this court decided that
Padilla V Kentucky , dis not apply retroactive and announced a new
rule. This decision brings up a question of a constitutional magnitude
as to determine whether the ruling by this court deprive certain
people of the right to equal nprotection, by allowing a defense counsel
to withhold a vital fact surrounding a plea bargain to a certain
group of people, which is a direct denial of a constitutional right
to effective assistance of counsel, when the Sixth Amendment as well
as Strtickland V Washington , existed at the time this court decided
Padilla,' which now brings to question before thfegcourt.

At the time of the plea proceeding did petitioner have protection
of the Fourteenth Amendment's equal protection clause,
he not entitled to it because of his nationality which deprives
his of the same right as other defendants during his plea bargain
proceeding?or was

Question Presented (AI Summary)

Whether the ruling in Ghaidez V United States deprives certain people of the right to equal protection by allowing defense counsel to withhold a vital fact surrounding a plea bargain

Docket Entries

2021-08-02
Rehearing DENIED.
2021-07-08
DISTRIBUTED.
2021-05-04
Petition for Rehearing filed.
2021-04-19
Petition DENIED.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2021)

Attorneys

Hector Manuel Torres
Hector Manuel Torres — Petitioner