No. 23-5248

Nikolas Gacho v. Tyrone Baker, Warden

Lower Court: Seventh Circuit
Docketed: 2023-08-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2254 6th-amendment certificate-of-appealability conflict-of-interest due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-negotiations sixth-amendment
Latest Conference: 2023-09-26
Question Presented (from Petition)

1) Should the 7Th Circuit Court of Appeals have issued a certificate of
appe&libility to petitioner Nikolas Gacho where his ineffective assistance of
counsel claim demonstrates a substantial showing of a violation of his 6th
amendment right to effective assistance of counsel ?

2) Did petitioner recieve ineffective assistance of counsel ?

3) Was the State court's decision unreasonable under 28 U.S.C. 2254(d)(1)
and/or(d)(2) ?

$) Should the District court have ordered an evidentiary hearing, where
the facts alleged if proven entitle petitioner to relief ?

5) Is it clearly established by the United States Supreme Court precedent,
that an attorney, whether requested to do so or not, must provide their advice
and professional opinion on whethhr a plea appears to be favorable or they believe
it is in their client's best interest to accept the plea ?

6) Is it clearly established by United States Supreme court precedent, that
an attorney can operate under a conflict of interest during plea negotiations.
If so, is it a conflict of interest for an attorney to refuse to requset a
continuance, which by doing so advances their personal interest over their
fiduciary duty ?

Question Presented (AI Summary)

Should the 7th Circuit Court of Appeals have issued a certificate of appealability

Docket Entries

2023-10-02
Petition DENIED.
2023-08-10
DISTRIBUTED for Conference of 9/26/2023.
2023-08-02
Waiver of right of respondent Mark Williams to respond filed.
2023-07-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 31, 2023)

Attorneys

Mark Williams
Katherine Marie DoerschOffice of the Illinois Attorney General, Respondent
Nikolas Gacho
Nikolas Gacho — Petitioner