No. 20-7316

Jose Luis Morales v. Stuart Sherman, Warden

Lower Court: Ninth Circuit
Docketed: 2021-03-03
Status: Denied
Type: IFP
IFP
Tags: appeal appellate-review district-court-discretion effective-counsel first-appeal post-conviction post-judgment-appeal sixth-amendment state-statutory-right statutory-right
Key Terms:
HabeasCorpus Immigration
Latest Conference: 2021-04-30
Question Presented (from Petition)

1. Does the Sixth Amendment right to effective counsel on appeal apply to when the appeal takes place years after conviction and the defendant had a state statutory right to appeal a post judgment ruling and it was the defendant's first appeal?a case

2. Did the district court abuse its authority by not addressing state precedent used to rebut the assumption of a summary denial being on the merits as explained in Johnson v. Williams (2013) 568 US 289 and in Harrington v. Richter (2011) 562 US 86?

Question Presented (AI Summary)

Does the Sixth Amendment right to effective counsel on appeal apply to a case when the appeal takes place years after conviction and the defendant had a state statutory right to appeal a post judgment ruling and it was the defendant's first appeal?

Docket Entries

2021-05-03
Petition DENIED.
2021-04-15
DISTRIBUTED for Conference of 4/30/2021.
2021-02-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 2, 2021)

Attorneys

Jose L. Morales
Jose Luis Morales — Petitioner