No. 22-5545

Clinton Folkes v. Charles Williams, Jr., Warden

Lower Court: Fourth Circuit
Docketed: 2022-09-09
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: appellate-jurisdiction direct-appeal indigent-defense ineffective-assistance-of-counsel legal-misrepresentation procedural-default right-to-counsel sixth-amendment
Latest Conference: 2023-01-13 (distributed 2 times)
Question Presented (from Petition)

1. Whether a criminal defendant's right to counsel on direct appeal attaches throughout the period when the appellate court has jurisdiction over the case.

2. Whether an indigent defendant is denied his right to counsel under the Sixth Amendment when the State appoints an attorney to represent him on appeal but then, without the defendant's knowledge, replaces that attorney with a non-lawyer who (i) fraudulently represents herself to be an attorney and (ii) provides the defendant with incorrect information regarding his legal rights and available remedies, and thereby causes the defendant to forfeit his right to seek further judicial review.

Question Presented (AI Summary)

Whether a criminal defendant's right to counsel on direct appeal attaches throughout the period when the appellate court has jurisdiction over the case

Docket Entries

2023-01-17
Petition DENIED.
2022-12-29
DISTRIBUTED for Conference of 1/13/2023.
2022-12-27
Reply of petitioner Clinton Folkes filed. (Distributed)
2022-12-12
Brief of respondent Charles Williams, Jr., Warden in opposition filed.
2022-10-28
Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2022.
2022-10-27
Motion to extend the time to file a response from November 10, 2022 to December 12, 2022, submitted to The Clerk.
2022-10-11
Response Requested. (Due November 10, 2022)
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-10-03
Waiver of right of respondent Kenneth Nelsen, Warden to respond filed.
2022-09-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 11, 2022)

Attorneys

Charles Williams, Jr., Warden
William Joseph MayeSouth Carolina Attorney General's Office, Respondent
Clinton Folkes
Jason Scott Luck — Petitioner