No. 21-7420

Isiah Pierce v. United States

Lower Court: Second Circuit
Docketed: 2022-03-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 circuit-split collateral-proceedings court-of-appeals direct-appeal ineffective-assistance ineffective-assistance-of-counsel massaro-presumption post-trial-motion post-trial-motions right-to-counsel section-2255
Latest Conference: 2022-04-22
Question Presented (from Petition)

Does the presumption of Massaro v. United States, 538 U.S. 500 (2003) that ineffective assistance of counsel claims should be litigated in collateral proceedings under 28 U.S.C. § 2255 rather than brought on direct appeal apply where the claim was first litigated and decided in a considered, post-trial, prejudgment motion in the district court?

Question Presented (AI Summary)

Does the presumption of Massaro v. United States apply where the ineffective assistance of counsel claim was first litigated and decided in a considered, post-trial, prejudgment motion in the district court?

Docket Entries

2022-04-25
Petition DENIED.
2022-04-07
DISTRIBUTED for Conference of 4/22/2022.
2022-03-28
Waiver of right of respondent United States to respond filed.
2022-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2022)
2022-01-11
Application (21A304) granted by Justice Sotomayor extending the time to file until March 18, 2022.
2022-01-03
Application (21A304) to extend the time to file a petition for a writ of certiorari from January 17, 2022 to March 18, 2022, submitted to Justice Sotomayor.

Attorneys

Isiah Pierce
Robert Alan CulpAttorney at Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent