No. 21-6874

Joshua Britt v. United States

Lower Court: Eighth Circuit
Docketed: 2022-01-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 blackledge-v-allison counsel-misadvice dilang-dat-v-united-states due-process eighth-circuit-review evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief section-2255-motion
Key Terms:
HabeasCorpus
Latest Conference: 2022-02-18
Question Presented (from Petition)

Whether the United States Court of Appeals for the
Eighth Circuit erred in Affirming the conviction, where
the District Court, without an evidentiary hearing ,
Denied the Defendant's Ineffective Assistance of
Counsel Motion under 28 U.S.C. § 2255; Although, the
defendant produced Affidavits from alleged co-defendants
and family members attesting to the "affirmative
misadvice" given by counsel, and a lack of foreknowledge
regarding the crime of conviction, contrary to precedent
established in Blackledge v._Alli son , 431 U.S. 63, 75,
76 (1977); and, Dilang Pat v. United Stat es, 920 F. 3d,
1192, 1195, 1196 (8th Cir. 2019).

Question Presented (AI Summary)

Whether the United States Court of Appeals for the Eighth Circuit erred in Affirming the conviction

Docket Entries

2022-02-22
Petition DENIED.
2022-01-27
DISTRIBUTED for Conference of 2/18/2022.
2022-01-20
Waiver of right of respondent United States to respond filed.
2021-11-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2022)

Attorneys

Joshua Britt
Joshua Britt — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent