No. 22-6163

Noel Brown v. New York

Lower Court: New York
Docketed: 2022-11-29
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel miranda-rights probable-cause speedy-trial
Key Terms:
DueProcess CriminalProcedure
Latest Conference: 2023-03-31 (distributed 2 times)
Question Presented (from Petition)

Does the substantial holding in United States of America V. Demario CHATMON, (2nd Cir.), the court held"that because the initial seizure of defendant was not justified, the search of his person while in custody is not justified as an inventory search. WHEREBY, evidence from the station search must be suppressed ."Apply on collateral review to petitioner?

2 Does the unequivocal pro se, motion for speedy trial statutory right under 18 U.S.C.§3161(c)(l) and 18 U.S.C.§3162(a)(2). Apply oh collateral review to petitioner?

3 : Does the subsequent denial of speedy trial time limit and exclusion under 18 U.S.C.§3161(E) ,"that trial shall commence within- seventy days from the date the action occasioning the retrial became final:"Apply 1 on 'collateral review to petitioner?

Does the Sixth Amendment in the United States Constitution, outlining the criminal defendants right (l)"to a speedy and public trial by an impartial jury."Apply on collateral review to petitioner?

5 Does the United States Supreme Court holding that"Ineffective Assistance of Counsel entitle defendants to have his/her conviction overturned ."Apply on collateral review to petitioner?

6 Does the State of New York Court of Appeals denial of petitioners reconsideration petition for leave to appeal decision in other cases, not associated with petitioner's petition for leavetill after the court renders a to appeal, per se prejudice?

Does the lack of competent representation requiring court appointed counsel within petitioner's criminal case, to have the legal knowledge, skills, thoroughness, and preparation reasonably necessary for the representation of petitioner. Apply on collateral review to petitioner?

Does the substantial holding in Miranda V. Arizonia, holding "that government may not introduce statements made by an individual who is subject to custodial interrogation unless he first was read his Miranda warnings." Apply on collateral review to petitioner?

Does ineffective assistance of counsel apply where petitioner's court appointed lawyer, failed to communicate with petitioner about the means by which petitioner objectives are to be accomplished. Or keep petitioner reasonably inform about the status of the matter to be accomplished. Apply on collateral review to petitioner?

What is the interpretation of Constitutional Protection under Ineffective Assistance of Counsel, denial of Due Process in violation of the fourteenth Amendment?

Question Presented (AI Summary)

Question not identified

Docket Entries

2023-04-03
Rehearing DENIED.
2023-03-15
DISTRIBUTED for Conference of 3/31/2023.
2023-02-27
Petition for Rehearing filed.
2023-02-21
Petition DENIED.
2023-01-12
DISTRIBUTED for Conference of 2/17/2023.
2022-11-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 29, 2022)

Attorneys

Noel L. Brown
Noel Brown — Petitioner