No. 20-8408

Scott R. Deichsel v. Lizzie Tegels, Warden

Lower Court: Seventh Circuit
Docketed: 2021-06-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-counsel certificate-of-appealability denial-of-constitutional-rights due-process federal-constitutional-right federal-constitutional-rights ineffective-assistance-of-counsel plea-colloquy state-law
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. This Court should grant review to determine whether and in what circumstances such a Certificate of Appealabilty issued can be vacated.

2. This Court should grant review to determine whether an ineffective assistance of counsel claim based upon a matter of state law violates a specifically Wis. Stat. 971.08 and State v. bangert defendants Ferderal Constitutional right and therefore illistrative of denial of a substantial constitutional right to effective assistance of counsel, mandating grant of Certificate of Appealability in this case.

3. Wisconsin State Courts unreasonably determined that Deichsel's appellate counsel was not ineffective for failing to argue on direct appeal the nonfrivolous meritorious claim regarding the defective plea colloquy.

Question Presented (AI Summary)

Whether a Certificate of Appealability can be vacated

Docket Entries

2021-10-04
Petition DENIED.
2021-07-15
DISTRIBUTED for Conference of 9/27/2021.
2021-07-13
Waiver of right of respondent Lizzie Tegels to respond filed.
2021-06-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 23, 2021)

Attorneys

Lizzie Tegels
Lisa Ellen Fishering KumferWisconsin Department of Justice, Respondent
Scott Deichsel
Scott R. Deichsel — Petitioner