No. 23-7231

Bryan Christopher O'Rourke v. Oklahoma

Lower Court: Oklahoma
Docketed: 2024-04-16
Status: Denied
Type: IFP
IFP
Tags: 18-usc-921a33b 18-usc-922g9 constitutional-rights domestic-violence effective-assistance-of-counsel firearms-prohibition ineffective-assistance misdemeanor-domestic-violence padilla-precedent padilla-v-kentucky second-amendment
Latest Conference: 2024-06-13
Question Presented (from Petition)

Whether, pursuant to Padilla, counsel is a fortiori constitutionally deficient for failing to notify a United States citizen of the direct and/or collateral consequence of the permanent and categorical loss of a fundamental, individual, and enumerated right to bear arms under the Second Amendment?

Whether the categorical loss of one's Second Amendment rights after a misdemeanor domestic violence conviction is a direct or collateral consequence, and where advisement to a criminal defendant of the consequence lies? Or alternatively, whether Oklahoma law requires courts to advise criminal defendants of all constitutional rights being surrendered by a guilty plea, including the loss of one's Second Amendment rights?

Whether Oklahoma's Uniform Post-Conviction Procedure Act is an inadequate and ineffective independent state law ground to resolve this purely federal question?

Question Presented (AI Summary)

Whether counsel is constitutionally deficient for failing to notify a U.S. citizen of the loss of Second Amendment rights due to a misdemeanor domestic violence conviction

Docket Entries

2024-06-17
Petition DENIED.
2024-05-29
DISTRIBUTED for Conference of 6/13/2024.
2024-01-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 16, 2024)

Attorneys

Bryan O'Rourke
Bryan Christopher O'Rourke — Petitioner