No. 20-7221

William David Cannon v. Harold W. Clarke, Director, Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2021-02-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aggregate-prejudice criminal-procedure cumulative-effect due-process fourth-circuit ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus Immigration
Latest Conference: 2021-04-16
Question Presented (from Petition)

Whether the Fourth Circuit's judicial precedence of not reviewing multiple ineffective assistance of counsel claims for the cumulative effect and aggregate prejudice upon a petitioner's trial violate of his due Process guarantee? Is the Fourth Circuit's precedence Contrary to Strickland v. Washington, 466 US 88.(1984) and the Sixth Amendment?

Was Defendant unconstitutionally convicted whereby Virginia's Correct of action duty instruction imposes a Mandatory Presumption of INTENT upon the jury, thus relinquishing the Prosecution's production and persuasion of the essential element of the charge?

Question Presented (AI Summary)

Whether the Fourth Circuit's judicial precedence of not reviewing multiple ineffective assistance of counsel claims for the cumulative effect and aggregate prejudice upon a petitioner's trial violate his due process guarantee?

Docket Entries

2021-04-19
Petition DENIED.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-23
Waiver of right of respondent Harold W. Clarke to respond filed.
2020-11-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2021)

Attorneys

Harold W. Clarke
Toby Jay HeytensOffice of the Attorney General, Respondent
William David Cannon
William D. Cannon — Petitioner