No. 21-7644

Mario Reynoso, aka Mario Hernandez v. United States

Lower Court: Tenth Circuit
Docketed: 2022-04-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appointment-of-counsel court-appointed-counsel criminal-appeal criminal-procedure extraordinary-circumstances federal-appeals federal-circuit-court ineffective-assistance-of-counsel judicial-remedy mandate-recall recall-of-mandate writ-of-certiorari
Latest Conference: 2022-06-02
Question Presented (from Petition)

(1). WHAT REMEDY IS AVAILABLE FOR PETITIONER WHEN HIS COURTAPPOINTED (CJA) ATTORNEY FAILED TO INFORM, ADVICE OR FILE
A TIMELY PETITION FOR A WRIT OF CERTIORARI IN DEFIANCE OF
PETITIONER 'S WRITTEN REQUEST THAT A FEDERAL CIRCUIT COURT'S
ADVERSE JUDGMENT BE CHALLENGED?

(2). DOES A CJA COURT-APPOINTED ATTORNEY'S CONDUCT OF FAILING TO
INFORM, ADVICE OR FILE A PETITION FOR A WRIT OF CERTIORARI
AFTER AN ADVERSE DECISION BY A FEDERAL COURT OF APPEALS ON A
CRIMINAL DIRECT APPEAL MATTER CONSTITUTE AN EXTRAORDINARY
CIRCUMSTANCE TO RECALL A MANDATE AND VACATE THE JUDGMENT ONLY
TO REINSTATE THE JUDGMENT SO THAT A TIMELY PETITION FOR A
WRIT OF CERTIORARI CAN BE FILED ON THE ADVERSE JUDGMENT? AND IF
SO, DID THE TENTH CIRCUIT COURT OF APPEALS ERR WHEN IT DECLINED
PETITIONER 'S MOTION TO APPOINT CJA COUNSEL AND VACATE ITS JUNE
29,. 2021, ADVERSE JUDGMENT, OF HIS CRIMINAL DIRECT APPEALS
REVIEW AND ISSUE A NEW ORDER SO THAT NEWLY APPOINTED CJA
COUNSEL CAN ASSIST PETITIONER WITH THE FILING OF A TIMELY
PETITION FOR WRIT OF CERTIORARI?

Question Presented (AI Summary)

Remedy-for-CJA-attorney-failure-to-file-timely-cert-petition

Docket Entries

2022-08-22
Rehearing DENIED.
2022-07-28
DISTRIBUTED.
2022-06-29
Petition for Rehearing filed.
2022-06-06
Petition DENIED.
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-12
Waiver of right of respondent United States to respond filed.
2022-04-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 18, 2022)

Attorneys

Mario Reynoso
Mario Reynoso — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent