No. 25-6094

Chimene Hamilton Onyeri v. United States

Lower Court: Fifth Circuit
Docketed: 2025-11-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: effective-assistance-of-counsel evidentiary-hearing law-enforcement-testimony rico-conspiracy sixth-amendment trial-strategy
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-12-12
Question Presented (from Petition)

I. Should a writ of certiorari be granted to determine whether a defendant is denied his Sixth Amendment right to conflict-free counsel where trial counsel billed under the Criminal Justice Act while also receiving private payments from the defendant's family, creating a financial incentive to prolong proceedings and impairing counsel's loyalty and effectiveness at trial?

II. Should a writ of certiorari be granted to determine whether a defendant is denied his Sixth Amendment right to the effective assistance of counsel where trial counsel fails to impeach key law enforcement testimony supporting a search and seizure, fails to prepare the defendant to testify, and fails to challenge critical elements of a RICO Conspiracy charge, and the district court denies relief under 28 U.S.C. § 2255 without an evidentiary hearing?

III. Whether the government's failure to correct false testimony by a law enforcement officer during a suppression hearing and trial, followed by its continued reliance on that false testimony in post-trial proceedings, constitutes a violation of due process under Napue v. Illinois, 360 U.S. 264 (1959) warranting a writ of certiorari?

IV. Whether a writ of certiorari is warranted to resolve the due process violation and reinforce the government's duty to correct false testimony?

V. Whether a writ of certiorari be granted to determine whether a defendant is denied his Sixth Amendment right to effective assistance of counsel when trial counsel fails to object to a confrontation clause violation arising from the government's use of out-of-court "tips" identifying the defendant and linking him to the offense, without producing the tipster for cross-examination at trial?

VI. Whether a writ of certiorari is warranted when a defendant is denied his Sixth Amendment right to effective assistance of counsel where trial counsel fails to prepare him to testify, leading to unguarded admissions that support the prosecution's case and undermine the defense?

VII. Whether a writ of certiorari is warranted when a defendant is denied his Sixth Amendment right to effective assistance of counsel when trial counsel fails to move to dismiss a RICO Conspiracy charge that includes a predicate act, attempted murder, not enumerated as racketeering activity under 18 U.S.C. § 1961(4), thereby allowing the prosecution to proceed on an invalid legal theory?

Question Presented (AI Summary)

Whether a writ of certiorari is warranted when a defendant is denied his Sixth Amendment right to effective assistance of counsel in multiple contexts including failure to impeach law enforcement testimony, prepare for testimony, and challenge critical RICO conspiracy elements

Docket Entries

2025-12-15
Petition DENIED.
2025-11-26
DISTRIBUTED for Conference of 12/12/2025.
2025-11-19
Waiver of United States of right to respond submitted.
2025-11-19
Waiver of right of respondent United States to respond filed.
2025-08-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2025)

Attorneys

Chimene Hamilton Onyeri
Chimene Hamilton Onyeri — Petitioner
United States
D. John SauerSolicitor General, Respondent