No. 20-7616
Deshun Thomas v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
IFP
Tags: constructive-denial cronic cronic-standard effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions sentencing sixth-amendment trial-counsel trial-strategy
Latest Conference:
2021-05-27
Question Presented (from Petition)
Is a defendant constructively denied the assistance of counsel under United States v. Cronic, 466 U.S. 648 (1984), when trial counsel tells the jury that the defendant is "guilty" of the only crime charged and encourages the jury to impose a "substantial sentence"? The Fifth Circuit said no, but precedent from the Ninth and Tenth Circuits says yes.
Question Presented (AI Summary)
Is a defendant constructively denied the assistance of counsel under United States v. Cronic, 466 U.S. 648 (1984), when trial counsel tells the jury that the defendant is 'guilty' of the only crime charged and encourages the jury to impose a 'substantial sentence'?
Docket Entries
2021-06-01
Petition DENIED.
2021-05-12
DISTRIBUTED for Conference of 5/27/2021.
2021-03-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 30, 2021)
Attorneys
Deshun Thomas
Charles Walton Prueter — Waller Lansden Dortch & Davis, LLP, Petitioner