No. 22-5973

Raymond J. Scott v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Lower Court: Ninth Circuit
Docketed: 2022-11-02
Status: Denied
Type: IFP
IFP
Tags: constitutional-violation direct-review due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-01-06
Question Presented (from Petition)

1. Can Ineffectiveness Or Incompetence Of counsel on Direct review Result In a sixth Amendment violation OF THE ARIZONA And United States Constitution ?

2. Can Ineffectiveness Or Incompetence Of counsel ON Direct review Result In Cause And prejudice as an EXCEPTION TO A PROCEDURAL Default of a substantive CLAIM RAISED BY A DEFENDANT In An HABEAS PETITION AS A VIOLATION OF THE FIFTH, SIXTH, OR FOURTEENTH AMENDMENT VIOLATION OF THE ARIZONA AND United States CONSTITUTION ?

3. DOES THE TRIAL COURT EXCEED ITS JURISDICTION OR ABUSE ITS DISCRETION BY ALLOWING THE INDICTMENT TO BE AMENDED BY altering Language In its Counts or body after the close OF EVIDENCE And THE RESTING OF THE CASE BY BOTH COURT PARTIES ?

4. DOES THE TRIAL COURT DEPRIVE A DEFENDANT OF DUE PROCESS OR THE EFFECTIVE ASSISTANCE OF COUNSEL BY ALLOWING THE STATE to Amend or Alter Language in the body of the Indictment OVER DEFENSE COUNSEL'S OBJECTIONS ?

Question Presented (AI Summary)

Can ineffectiveness or incompetence of counsel on direct review result in a Sixth Amendment violation?

Docket Entries

2023-01-09
Petition DENIED.
2022-12-15
DISTRIBUTED for Conference of 1/6/2023.
2022-10-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2022)

Attorneys

Raymond J. Scott
Raymond J. Scott — Petitioner