No. 24-5184

Alexander Kates v. Julie Wolcott, Superintendent, Attica Correctional Facility, et al.

Lower Court: Second Circuit
Docketed: 2024-07-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-jurisdiction constitutional-law constitutional-validity habeas-corpus-petition ineffective-assistance-of-counsel judicial-review lackawanna-v-coss legal-procedure plea-agreement statutory-interpretation strickland-v-washington
Latest Conference: 2024-09-30
Question Presented (from Petition)

Whether the Court of Appeals for the Second Circuit should have issued the petitioner a Certificate of Appealability.

Whether this court's ruling in Lackawanna v. Coss, 532 U.S. 394(2001) summarily forecloses review of a subsequent ineffective assistance of counsel claim in a later, unrelated case under Strickland v. Washington, 466 U.S. 668(1984).

Whether a district court presiding over a habeas corpus petition under 28 U.S.C. § 2254 may circumvent review of an ineffective assistance of counsel claim raised under Strickland v. Washington, 466 U.S. 668(1984) by applying this court's unrelated ruling from Lackawanna County District Attorney v. Coss, 532 U.S. 394(2001).

Whether the district court erred in determining that it could not review the constitutional validity of petitioner's prior conviction in order to adjudicate petitioner's claim of ineffective assistance of counsel under his current conviction.

Whether the government breached the plea agreement by failing to return the petitioner's suppressed property after he pled guilty and was sentenced.

Question Presented (AI Summary)

Whether the Court of Appeals for the Second Circuit should have issued the petitioner a Certificate of Appealability

Docket Entries

2024-10-07
Petition DENIED.
2024-09-12
DISTRIBUTED for Conference of 9/30/2024.
2024-09-10
Waiver of right of respondent Julie Wolcott, et al. to respond filed.
2024-07-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2024)

Attorneys

Alexander Kates
Alexander Kates — Petitioner
Julie Wolcott, et al.
Ira M. FeinbergOffice of the New York Attorney General, Respondent