No. 20-8091

Steven Zapata v. Kentucky

Lower Court: Kentucky
Docketed: 2021-05-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: competency constructive-denial-of-counsel criminal-procedure cronic-standard cronic-v-united-states guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-colloquy strickland-standard strickland-v-washington
Latest Conference: 2021-06-10
Question Presented (from Petition)

I. Does the constructive denial of counsel standard under Cronic v. United States or the ineffective assistance of counsel standard under Strickland v. Washington apply to the entry of a guilty plea where trial counsel fails to inform the trial judge of counsel's assessment that the client is incompetent to plead guilty and instead allows the guilty plea to proceed and be entered by a potentially incompetent defendant by refusing to sign a court document designed to ascertain counsel's appraisal of the defendant's understanding of the guilty plea and instead answers the judge's few colloquy questions with information that contradicts counsel's acknowledged belief that the client was incompetent?

A. Ifthe Cronic standard applies, does this situation constitute the constructive denial of counsel under Cronic?

B. If the Strickland standard applies, does this situation constitute ineffective assistance of counsel under Stric

Question Presented (AI Summary)

Whether the constructive denial of counsel standard under Cronic v. United States or the ineffective assistance of counsel standard under Strickland v. Washington applies when trial counsel fails to inform the trial judge of counsel's assessment that the client is incompetent to plead guilty

Docket Entries

2021-06-14
Petition DENIED.
2021-05-26
DISTRIBUTED for Conference of 6/10/2021.
2021-05-24
Waiver of right of respondent Kentucky to respond filed.
2021-05-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 21, 2021)

Attorneys

Kentucky
James HaveyOffice of the Attorney General, Respondent
Steven Zapata
Joseph Vincent Aprile IILynch, Cox, Gilman & Goodman, P.S.C., Petitioner