No. 22-6149

Edgar Arellano v. California

Lower Court: California
Docketed: 2022-11-23
Status: Denied
Type: IFP
IFP
Tags: assistance-of-counsel constitutional-rights criminal-justice-reform effective-assistance-of-counsel fourteenth-amendment mitigating-evidence senate-bill-1333 sentencing sentencing-hearing sixth-amendment
Latest Conference: 2023-01-20
Question Presented (from Petition)

WEATHER A Re - SeuJTEAICIAI^ HEARING^ .UNDER THE MEVJ . ..
LaVJ SeMaTE 2mL\_ - 13^3, JbMT.TLES ft DEFENDANT __
The Hi^hT. _io _effective
S-ixth — AMD- Fourteenth _ Amendment ... of the
United St at e s. Co nsti TuTioM.

ALSO OOES the .
B/0 TiTLE THE_D.EFEAi_D.AAJT
Tct_HftV£ am ATT oEMeV that VIoold adequate ^ _ RePReSE aIT HaM
B. 'f Keeping A open Dialogue AS _To the defendants
C. O.UET proceed I Ally's Xther ... R>t. . PnoME OR Mail , And That
vJas OpEA/ . To . JLe^al x/ORot the DEFENDANT ___To
OFFER MiTHrATiN^ S/iOeNCE IN FaVoR OF XjEN'iEN'C' i1 ._r

Question Presented (AI Summary)

Whether a re-sentencing hearing under the new First Step Act entitles a defendant to the right to effective assistance of counsel under the Sixth and Fourteenth Amendment, and whether the Sixth and Fourteenth Amendment entitle the defendant to have an attorney that would adequately represent him, by keeping an open dialogue as to the defendant's court proceedings either by phone or mail, and that was open to legal input by the defendant to offer mitigating evidence in favor of leniency

Docket Entries

2023-01-23
Petition DENIED
2023-01-23
Petition DENIED.
2023-01-05
DISTRIBUTED for Conference of 1/20/2023.
2022-07-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 23, 2022)

Attorneys

Edgar Arellano
Edgar Arellano — Petitioner