No. 20-7309

Phillip Maldonado v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2021-03-03
Status: Denied
Type: IFP
IFP
Tags: civil-rights due-process equal-protection habeas-corpus ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington supremacy-clause
Key Terms:
Securities Immigration
Latest Conference: 2021-04-30
Question Presented (from Petition)

I. DOES THE FEDERAL CONSTITUTION'S ARTICLE VI, CLAUSE 2 SUPREMACY CLAUSE PRESCRIBE A RULE OF DECISION UNDER INTERPRETATION OF THE SIXTH AMENDMENT PER STRICKLAND V. WASHINGTON, 466 U.S. 668 (1984) MANDATING STATE COURTS TO APPLY, ON DIRECT APPEAL AND COLLATERAL REVIEW, THE TWO-PRONG, REASONABLENESS/PREJUDICE, REASONABLE TEST AND STANDARDS TO IAC CLAIMS, AND ARE PETITIONER'S DUE PROCESS AND EQUAL PROTECTION RIGHTS UNDER THE FIFTH AND FOURTEENTH AMENDMENTS AND/OR ARTICLE IV PRIVILEGES AND IMMUNITIES CLAUSE VIOLATED BY, RESPONDENTS' MORE RESTRICTIVE THREE-PRONG ARGUABLE, BY A PREPONDERANCE OF THE EVIDENCE AND OUTCOME-DETERMINATIVE IAC TEST AND STANDARDS, SUCH THAT ALL OTHER SUBSTANTIAL AND SUBSTANTIVE FOURTH, SIXTH, TENTH, AND FOURTEENTH AMENDMENT CLAIMS ADJUDICATED ON THE MERITS UNDER THE RUBRIC OF COUNSELS' INEFFECTIVENESS ARE IN CONFLICT WITH THE SUPREME LAW OF THE LAND UNDER STRICKLAND?

Question Presented (AI Summary)

Does the federal constitution's supremacy clause mandate state courts to apply the Strickland test for ineffective assistance of counsel claims on direct appeal and collateral review?

Docket Entries

2021-05-03
Petition DENIED.
2021-04-15
DISTRIBUTED for Conference of 4/30/2021.
2021-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 2, 2021)

Attorneys

Phillip Maldonado
Phillip Maldonado — Petitioner