No. 22-7481

Anthony Allen v. Illinois

Lower Court: Illinois
Docketed: 2023-05-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-counsel appellate-representation cause-and-prejudice constitutional-challenge constitutional-sentencing ineffective-assistance smith-vs-bailey substantive-law successive-petition
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-06-08
Question Presented (from Petition)

I. Whether appointed Appellate Counsel's missapprehended the .law and facts by failure to
brief and raise the following issues on appeal constitutes unreasonable if not
ineffective assistance of appellate representation.

II. Whether Petitioner has established the necessary cause and prejudice for leave to
file a Successive Petition under the Act.

A. Whether the Appellate and Illinois Supreme Court's decision which overlooked or
missapprehended the law or facts with Smith/Bailey announced the new substantive
rules of law conflicts with decisions of this Court.

B. Whether the Lower Court's decision prejudice Petitioner's Smith/Bailey challenge
that is needed to vacate his unconstitutional sentence and conviction which
conflicts with decisions of this Court.

Question Presented (AI Summary)

Whether appointed Appellate Counsel's missapprehended the law and facts by failure to brief and raise the issues on appeal constitutes unreasonable if not ineffective assistance of appellate representation

Docket Entries

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-17
Waiver of right of respondent Illinois to respond filed.
2023-04-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2023)

Attorneys

Anthony Allen
Anthony Allen — Petitioner
Illinois
Katherine Marie DoerschOffice of the Illinois Attorney General, Respondent