No. 23-7516

Anthony Roy Spain v. Oklahoma

Lower Court: Oklahoma
Docketed: 2024-05-20
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: creek-nation criminal-procedure direct-appeal flores-ortega ineffective-assistance ineffective-assistance-of-counsel jurisdiction mcgirt-decision mcgirt-v-oklahoma sixth-amendment
Key Terms:
JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (from Petition)

Were trial counsel ineffective, in violation of Roe v. Flores-Ortega, 528 U.S. 470 (2000), for failing to consult with Mr. Spain about taking a direct appeal from his conviction, where doing so would not have been frivolous, and where the Sixth Amendment claim does not depend on the claimant's fault?

Question Presented (AI Summary)

Were trial counsel ineffective for failing to consult with Mr. Spain about taking a direct appeal from his conviction, where doing so would not have been frivolous, and where the Sixth Amendment claim does not depend on the claimant's fault?

Docket Entries

2024-10-07
Petition DENIED.
2024-07-03
DISTRIBUTED for Conference of 9/30/2024.
2024-05-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 20, 2024)

Attorneys

Anthony Roy Spain
Keith James HilzendegerFederal Public Defender, District of Arizona, Petitioner