No. 23-5644

Robert Timothy Blake v. United States

Lower Court: Fifth Circuit
Docketed: 2023-09-25
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: coa-mandate constitutional-rights due-process government-witness ineffective-assistance judicial-review plea-bargain record-evidence reversible-error strickland-standard strickland-v-washington
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (from Petition)

1. Did Trial Counsel Fail to Adequately inform Defendant
of the Consequences of Accepting the Plea Bargain?

2. Was the Strickland V. Washington standard of review
for ineffective assistance of counsel ,Fustrated by the
lower Court's failure to notice ,objective record
evidence, that can satisfy the COA mandate in the defendant 's
favor? Was the lower Court's findings based upon clear
misinterpretations of the record, and mere speculations,
adequate to deny defendant's motion 2255?

3. Was the defendant deprived Due Process by the lower Court's,
when the District Court, and the Circuit Court fail to
notice, Clear record evidence ,That will Contradict the
Government's witness's testimony? Testimony that will have
critical force in the outcome of the case, and it's denial.

4. Has the Circuit Court commited reversable error / or
manifest error (by not noticing the district court's failure
to consider evidence that,will dispute the district Court's
findings of fact , when the evidence was presented by the
defendant's attorney to the District Court, and then clearly
presented to the Circuit Court on post judgement appeal,
and pro - se petition by the defendant?

5. Has the Petitioner satisfied the COA mandate, and experienced
Prejudice that will render his Plea Invalid? Was the petitioner
provided with Constitutionally Competent advice,by his attorney?

Question Presented (AI Summary)

Ineffective-assistance-of-counsel

Docket Entries

2024-01-08
Rehearing DENIED.
2023-11-29
DISTRIBUTED for Conference of 1/5/2024.
2023-11-16
Petition for Rehearing filed.
2023-10-30
Petition DENIED.
2023-10-05
DISTRIBUTED for Conference of 10/27/2023.
2023-09-28
Waiver of right of respondent United States to respond filed.
2023-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 25, 2023)
2023-07-11
Application (23A17) granted by Justice Alito extending the time to file until October 20, 2023.
2023-06-29
Application (23A17) to extend the time to file a petition for a writ of certiorari from August 21, 2023 to October 20, 2023, submitted to Justice Alito.

Attorneys

Robert Timothy Blake
Robert Timothy Blake — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent