No. 20-7292

Matthew Lee Staszak v. United States

Lower Court: Seventh Circuit
Docketed: 2021-03-02
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 18-usc-2251 18-usc-2423 due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-misconduct section-2251 section-2423
Latest Conference: 2021-04-23 (distributed 2 times)
Question Presented (from Petition)

I. WHETHER THE SUPREME COURT SHOULD GRANT THE WRIT WHERE PROSECUTORIAL MISCONDUCT AND INEFFECTIVE ASSISTANCE OF COUNSEL VIOLATES DUE PROCESS WHERE NO SEXUALLY EXPLICIT VIDEO IS IN POSSESSION OF THE GOVERNMENT; WHERE NO VIDEO EXISTS, AND WHERE THE GOVERNMENT CLAIMED TO POSSESS A VIDEO TO PROSECUTE OBTAINING A COERCED PLEA OF GUILTY THE DEFENDANT BY FALSELY PROSECUTING 18 U.S.C. SECTION 2251(A) AND (E) WHERE LOWER COURTS ERRED IN DENYING 2255 RELIEF.

II. WHETHER THE SUPREME COURT SHOULD GRANT THE WRIT WHERE PROSECUTORIAL MISCONDUCT AND INEFFECTIVE ASSISTANCE OF COUNSEL VIOLATES DUE PROCESS WHERE THE DEFENDANT WAS COERCED INTO SIGNING A PLEA AGREEMENT AND STIPULATION OF FACTS, WHILE UNDER DURESS BY THREATS OF CHARGING HIS PARENTS CLAIMED AS THIRD-PARTIES, AND WHERE NO PROBABLE CAUSE EXISTED IN ORDER TO PROSECUTE AND CHARGE THIRD-PARTIES WHERE LOWER COURTS ERRED IN DENYING 2255 RELIEF.

III. WHETHER THE SUPREME COURT SHOULD GRANT THE WRIT WHERE PROSECUTORIAL MISCONDUCT AND INEFFECTIVE ASSISTANCE OF COUNSEL OCCURRED WHERE COUNSEL FAILED TO INVESTIGATE AND FOLLOW THE LAW PERTAINING TO 18 U.S.C.SECTION 2423(B); I.E., COUNSEL FAILED TO DISCOVER THAT COUNT 2 NEVER OCCURRED; THAT COUNT 3 DOES NO CONSTITUTE A FEDERAL OFFENSE, AND WHERE DUE PROCESS IS VIOLATED WHEN THE GOVERNMENT PROSECUTED 18 U.S.C. SECTION 2423(B) WHICH DO NOT CONSTITUTE FEDERAL OFFENSES AS STIPULATED WHERE LOWER COURTS ERRED IN DENYING 2255 RELIEF.

Question Presented (AI Summary)

Whether the Supreme Court should grant the writ where prosecutorial-misconduct, ineffective-assistance-of-counsel, due-process, plea-bargaining, 18-usc-2251, 18-usc-2423, 2255-relief

Docket Entries

2021-04-26
Rehearing DENIED.
2021-04-07
DISTRIBUTED for Conference of 4/23/2021.
2021-04-01
Petition for Rehearing filed.
2021-03-29
Petition DENIED.
2021-03-11
DISTRIBUTED for Conference of 3/26/2021.
2021-03-04
Waiver of right of respondent United States to respond filed.
2021-02-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2021)

Attorneys

Matthew Lee Staszak
Matthew L. Staszak — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent