No. 24-5962

Preston M. Young v. Angela Phams, Warden, et al.

Lower Court: Georgia
Docketed: 2024-11-13
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure due-process indictment ineffective-assistance prosecutorial-misconduct sixth-amendment
Latest Conference: 2025-01-10
Question Presented (from Petition)

1. Whether a defense attorney provide effective assistance of counsel as guaranteed under the Sixth Amendment when he fails to demurrer indictment to end the prosecution and any future prosecutions for the same offense?

2. Does a defense attorney provide effective assistance of counsel as guaranteed under the Sixth Amendment by its try at trial strategy that avoids the State's to share up defects in their case by not having to prove any of the essential elements of the predicate arknse in which the charges were indicted upon because the charges lack all of the essential elements of their predicate offense?

3. Does a defense attorney provide effective assistance of counsel as guaranteed under the Sixth Amendment when he fails to request a directed verdict for acquittal at the close of the State's case, the State's evidence was insufficient to prove any of the essential elements of the predicate offenses the crimes where indicted upon?

4. Is an indictment materially amended when the greater of the indictment are heightened by the predicate offense they are indicted upon because the greater offenses lack all the essential elements of the predicate offense and the predicate offense is then removed?

5. Does a fatal variance exist when the State fails to prove material attention as to how the crime was committed, as indicted, by the grand jury when essential offenses were in?

Question Presented (AI Summary)

Does a defense attorney provide effective assistance of counsel as guaranteed under the Sixth Amendment when he fails to challenge an indictment or prosecution by exposing defects in the State's case?

Docket Entries

2025-01-13
Petition DENIED.
2024-12-26
DISTRIBUTED for Conference of 1/10/2025.
2024-08-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2024)

Attorneys

Preston Young
Preston M. Young — Petitioner