No. 21-8267

Dave Lawrence v. United States Citizenship and Immigration Services, et al.

Lower Court: Third Circuit
Docketed: 2022-06-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: equitable-tolling habeas-corpus immigration-consequences ineffective-assistance-of-counsel plea-bargaining post-conviction-relief retroactive-constitutional-right retroactivity time-limitation
Latest Conference: 2022-09-28
Question Presented (from Petition)

I. Whether the United States Supreme Court decision recognizing ineffective assistance of counsel claims for criminal defense counsels failure to advise or to misadvise a defendant of immigration consequences of a plea announced a constitutional right that changed Pennsylvania law after Defendant's conviction was final and has retroactive effect

II. Whether Defendant should be entitled to establish equitable tolling of the 60 day requirement of 42 Pa.C.S. § 9545(b)(2) or the sixty-days should run from the affirmation of retroactivity.

III. Whether Defendant's claims fall under habeas corpus relief that is outside of the PCRA statute and its time limits.

Question Presented (AI Summary)

Whether the Padilla decision has retroactive effect

Docket Entries

2022-10-03
Petition DENIED.
2022-08-11
DISTRIBUTED for Conference of 9/28/2022.
2022-07-26
Waiver of right of respondent INS to respond filed.
2022-04-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2022)

Attorneys

Dave Lawrence
Dave Lawrence — Petitioner
INS
Elizabeth B. PrelogarSolicitor General, Respondent