Juan De Dios Alvarez-Romero v. United States
HabeasCorpus JusticiabilityDoctri
Whether, if an indigent and incarcerated defendant with minimal education and no ability to comprehend English, for the first time on direct appeal with the assistance of appointed counsel, raises a colorable claim of ineffective assistance by his former counsel, should the U.S. Court of Appeals remand the case to the district court to conduct an evidentiary hearing on the claim (where the defendant would be represented by appointed counsel) rather than require the defendant to assert his claim in a future pro se motion under 28 U.S.C. § 2255.
Whether an indigent and incarcerated defendant with minimal education and no English comprehension, raising a colorable ineffective assistance of counsel claim on direct appeal, should be granted an evidentiary hearing rather than be required to file a future pro se § 2255 motion