No. 23-5124

Quincetta Yvonne Cargill, aka Queen, aka Tonya, aka Angela Scott, aka Antela Scott, aka QuincetTucker, aka Quincetta Tucker v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-07-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal appellate-counsel appellate-procedure civil-rights direct-appeal due-process eleventh-circuit ineffective-assistance ineffective-assistance-of-counsel judicial-proceedings petition-for-rehearing right-to-counsel
Latest Conference: 2023-09-26
Question Presented (from Petition)

Where the defendant-appellant acted prose at trial prosecuting several viable issues for appeal, does the exclusion of the appellant's opinions, requests i.e. inclusion of psychiatrist's testimony, and information as to the preserved issues relevance, by the appellate counsel constitute ineffective assistance of counsel?

Does the defendant-appellant have the right to use, control or provide input or directives to the ice-Appeal?

Where the defendant-appellant filed a timely petition for Re-Hearing of Direct Appeal as issues based upon ineffective assistance of counsel, should proof of ineffective assistance to appellate counsel did not cure any of the issues alleged in the pro-se Appellant brief, were correct as to the refining?

Should not the Appellate Court have explained the reason for denial of the Petition for Re-Hearing?

Question Presented (AI Summary)

Whether the exclusion of the appellant's opinions, requests for inclusion of psychiatrist's testimony, and other information as to the preserved issues' relevance by the appellate counsel constitutes ineffective assistance of counsel

Docket Entries

2023-10-02
Petition DENIED.
2023-08-03
DISTRIBUTED for Conference of 9/26/2023.
2023-07-28
Waiver of right of respondent United States to respond filed.
2023-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 17, 2023)

Attorneys

Quincetta Cargill
Quincetta Y. Cargill — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent