No. 22-6714

Wilson Laboriel v. William Lee, Superintendent, Eastern New York Correctional Facility

Lower Court: Second Circuit
Docketed: 2023-02-06
Status: Denied
Type: IFP
IFP
Tags: 6th-amendment constitutional-rights counsel-substitution due-process effective-assistance federal-procedure habeas-corpus ineffective-assistance standard-of-review trial-court
Latest Conference: 2023-04-14
Question Presented (from Petition)

CAN THE UNITED STATES COURT OF APPEALS SANCTION THE DISTRICT COURT'S RECHARACTERIZATION OF A PETITIONER'S CLAIM AFTER SUCH CLAIM HAS BEEN LIBERALLY CONSTRUED BY THAT DISTRICT COURT?

WHETHER HARMLESS ERROR ON TRIAL COURT'S FAILURE TO CONDUCT AN ADEQUATE INQUIRY TO DEFENDANT'S REQUEST FOR NEW COUNSEL HINGES ON TRIAL COUNSEL'S EFFECTIVE ASSISTANCE?

Question Presented (AI Summary)

Whether the United States Court of Appeals can sanction the district court's recharacterization of a petitioner's claim after such claim has been liberally construed by that district court

Docket Entries

2023-04-17
Petition DENIED.
2023-03-23
DISTRIBUTED for Conference of 4/14/2023.
2023-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2023)

Attorneys

Wilson Laboriel
Wilson Laboriel — Petitioner