No. 21-397
Response Waived
Tags: contamination-of-accusations due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel prior-inconsistent-statements procedural-due-process prosecutorial-misconduct sexual-abuse suggestive-questioning witness-impeachment
Latest Conference:
2021-10-08
Question Presented (from Petition)
I. Was petitioner denied the effective assistance of counsel because trial counsel failed to impeach the complainants with their prior inconsistent statements and failed to call a psychologist to testify that their parents had engaged in leading and suggestive questioning that had the potential to contaminate their accusations of sexual abuse?
II. Did the state courts deny petitioner procedural due process by rejecting his substantial ineffective assistance of counsel claim without conducting a live evidentiary hearing, particularly in view of the fact that trial counsel's affidavit was prepared in collusion with the prosecutor?
Question Presented (AI Summary)
Was petitioner denied the effective assistance of counsel?
Docket Entries
2021-10-12
Petition DENIED.
2021-09-22
DISTRIBUTED for Conference of 10/8/2021.
2021-09-14
Waiver of right of respondent State of Texas to respond filed.
2021-09-09
Petition for a writ of certiorari filed. (Response due October 13, 2021)
Attorneys
Juan Joe Cano
Randolph L. Schaffer Jr. — Randy Schaffer P.C., Petitioner
State of Texas
Joseph Peter Corcoran — Office of the Attorney General of Texas, Respondent