No. 22-6221

Oscar J. Martinez-Hernandez v. United States

Lower Court: First Circuit
Docketed: 2022-12-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conflict-of-interest due-process effective-assistance-of-counsel fifth-amendment prosecutorial-misconduct sixth-amendment
Latest Conference: 2023-01-06
Question Presented (from Petition)

A. WHETHER FORMER PROSECUTOR WHO INSTITUTED THREE INDICTMENTS AGAINST A DEFENDANT AND 12 YEARS LATER DECIDES TO DEFEND HIM UNDER THE SAME THREE INDICTMENTS VIOLATES TITLE 18 U.S.C. § 207 THE NO CONTACT RULE CONSTITUTES A VIOLATION OF THE DEFENDANTS CONSTITUTIONAL DUE PROCESS AND EFFECTIVE ASSISTANCE OF COUNSEL RIGHTS AS SECURED UNDER THE FIFTH AND SIXTH AMENDMENT WHERE FORMER PROSECUTOR COULD NOT HAVE DEFENDED HIM UNDER THE HOUSEKEEPING DOCTRINE CREATING AN ACTUAL CONFLICT OF INTEREST AND THE GOVERNMENT FAILURE TO INFORM THE CONFLICT AND MOVE THE COURT FOR A HEARING VIOLATES THE DEFENDANTS REQUIRES SETTING ASIDE HIS CONVICTION AND A NEW TRIAL ORDER?

Question Presented (AI Summary)

Whether former prosecutor's defense of defendant under same indictments violates 18 U.S.C. § 207 and defendant's constitutional rights

Docket Entries

2023-01-09
Petition DENIED.
2022-12-15
DISTRIBUTED for Conference of 1/6/2023.
2022-12-07
Waiver of right of respondent United States to respond filed.
2022-10-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 4, 2023)

Attorneys

Oscar Martinez-Hernandez
Oscar Martinez-Hernandez — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent