No. 23-162

Christian Winchel v. United States

Lower Court: Fifth Circuit
Docketed: 2023-08-18
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure contemporaneous-evidence due-process habeas-corpus ineffective-assistance judicial-procedure plea-bargain plea-bargaining postconviction-review section-2255 standard-of-review
Latest Conference: 2023-10-06
Question Presented (from Petition)

I. Supreme Court Rule 10(a)—Whether the Fifth
Circuit Court of Appeals has departed from the accepted and usual course of postconviction proceedings under 28 U.S.C. § 2255, or sanctioned such a
departure by a lower court, as to call for an exercise of this Court's supervisory power, when:

A. The court failed to give Petitioner's verified
§ 2255 motion proper consideration as the
functional equivalent of an affidavit;

B. The court determined the credibility of witnesses solely from affidavits which contained
disputed questions of material fact; and

C. The court failed to grant a hearing pursuant
to § 2255(b) for Petitioner's claims which are
not conclusively refuted by the record.

II. Supreme Court Rule 10(c)—Whether the decision of the Fifth Circuit Court of Appeals conflicts
with and/or grossly misapplies this Court's decision in Lee v. United States, 582 U.S. 357 (2017),
where:

A. The decision assigns Petitioner an evidentiary
burden to provide "contemporaneous evidence" in support of his assertion that he
would not have entered the plea but for counsel's deficient performance;

B. The decision inherently requires "contemporaneous evidence" to be fully and sufficiently
pled within the § 2255 motion; and

C. The decision failed to afford Petitioner a hearing to present evidence in support of his
claims and then summarily denied those
claims for failing to support them with "contemporaneous evidence."

Question Presented (AI Summary)

Whether the Fifth Circuit Court of Appeals has departed from the accepted and usual course of postconviction proceedings under 28 U.S.C. § 2255

Docket Entries

2023-10-10
Petition DENIED.
2023-09-13
DISTRIBUTED for Conference of 10/6/2023.
2023-09-07
Waiver of right of respondent United States to respond filed.
2023-08-16
Petition for a writ of certiorari filed. (Response due September 18, 2023)

Attorneys

Christian Winchel
Robert David MaloveThe Law Offices of Robert David Malove, PA, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent