No. 24-5677

Kelly Daniel Bass v. Chadwick Dotson, Director, Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2024-10-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights courtroom-closure criminal-procedure ineffective-assistance right-to-counsel speedy-trial
Latest Conference: 2024-11-01
Question Presented (from Petition)

1. Whether criminal defendants are required to prove prejudice
for an ineffective assistance of counsel claim where counsel is
absent and the defendant is unable to assert his constitutional
right to a speedy trial at the hearing to set a trial date .

2. Whether it is fundamentally unfair to close the courtroom
during the complaining witness's CGTV testimony and for the rema
inder of the trial where counsel was absent from the courtroom :
during the CCTV testimony and never advised the defendant of the
public trial right or if counsels ineffective assitance should be
presumed prejudicial.

Question Presented (AI Summary)

Whether criminal defendants are required to prove prejudice for an ineffective assistance of counsel claim where counsel is absent during a critical stage of trial and whether closing the courtroom during witness testimony violates the defendant's constitutional rights

Docket Entries

2024-11-04
Petition DENIED.
2024-10-10
DISTRIBUTED for Conference of 11/1/2024.
2024-10-04
Waiver of right of respondent Dotson, Dir., VA DOC to respond filed.
2024-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2024)

Attorneys

Dotson, Dir., VA DOC
Erika Lauren MaleyVirginia Office of the Attorney General, Respondent
Kelly D. Bass
Kelly Daniel Bass — Petitioner