No. 22-5403

Paul Frederick Stover v. Oregon Board of Parole and Post-Prison Supervision

Lower Court: Ninth Circuit
Docketed: 2022-08-19
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense second-degree-assault sixth-amendment strickland-standard strickland-v-washington
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2022-09-28
Question Presented (from Petition)

Could reasonable jurists debate whether trial counsel's failure to request a lesser-included offense instruction as an alternative to second degree assault constituted ineffective assistance of counsel under this Court's well-established Sixth Amendment standards, where evidence of the lesser-included offense was not seriously disputed?

Question Presented (AI Summary)

Could reasonable jurists debate whether trial counsel's failure to request a lesser-included offense instruction as an alternative to second degree assault constituted ineffective-assistance-of-counsel under this Court's well-established Sixth-Amendment standards, where evidence of the lesser-included offense was not seriously disputed?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-25
DISTRIBUTED for Conference of 9/28/2022.
2022-08-22
Waiver of right of respondent Oregon Board of Parole and Post Prison Supervision to respond filed.
2022-08-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 19, 2022)

Attorneys

Oregon Board of Parole and Post Prison Supervision
Benjamin Noah GutmanOregon Department of Justice, Respondent
Paul Frederick Stover
Stephen Reese SadyOregon Federal Public Defender, Petitioner