No. 22-5383

Lynn M. Giovanni v. New Jersey

Lower Court: New Jersey
Docketed: 2022-08-18
Status: Denied
Type: IFP
IFP
Tags: criminal-defense diminished-capacity guilty-plea ineffective-assistance insanity-defense psychiatric-evaluation sentencing sentencing-mitigation strickland-standard strickland-v-washington withdrawal
Latest Conference: 2022-10-14
Question Presented (from Petition)

DOES THE ACTION/INACTION OF DEFENSE COUNSEL, IN FAILING TO UTILIZE OR UNDER-UTILIZING THE FAVORABLE PSYCHATRIC REPORTS COMPILED FOR THE DEFENSE IN ASSERTING AN INSANITY/DIMINISHED CAPACITY DEFENSE AT TRIAL, AND/OR AS MITIGATING FACTOR(S) DURING SENTENCING, CONSTITUTE INEFFECTIVE ASSISTANCE OF COUNSEL AND A VIOLATION OF THIS COURT'S HOLDING IN STRICKLAND V. WASHINGTON, 466 U.S. 668,104 S.Ct. 2052 (1984) TO JUSTIFY WITHDRAWAL OF HER GUILTY PLEA OR A REDUCTION NI HER SENTENCE?

Question Presented (AI Summary)

Ineffective-assistance-of-counsel

Docket Entries

2022-10-17
Petition DENIED.
2022-09-29
DISTRIBUTED for Conference of 10/14/2022.
2020-02-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 19, 2022)

Attorneys

Lynn M. Giovanni
Lynn M. Giovanni — Petitioner