effective-counsel

40 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6350 Samuel J. Barrett v. Walter Tripp, Warden, Wyoming Department of Corrections State Penitentiary, et al. Tenth Circuit 2025-12-12 Denied Response WaivedIFP constitutional-rights court-procedure covid-pandemic effective-counsel public-trial sixth-amendment I. If a state denies a defendant a public trial by implementing a defective trial structure mech anism to limit the spread of a pandemic at the expens…
25-6207 Mark Eugene Benton v. United States Ninth Circuit 2025-11-24 Denied Response WaivedIFP constitutional-rights effective-counsel fourth-amendment search-and-seizure sixth-amendment vehicle-search 1) Was the search of the petitioners vehicle, on 12-31-2020, lawful under the 4th Amendment of the United States Constitution, as well as Montana Cnst…
25-5238 In Re Dennis Griffith 2025-07-30 Denied IFP constitutional-rights criminal-procedure due-process effective-counsel fair-trial legal-access Does cl iHValiJ usurer ot Counsel hearing and no access to fke. Courts, don^ aJ+k etker ~ pcetrid violations o'? Conrhtutiond rigkts 5cJ Compulsory p…
25-101 J. M. F. v. Angel Quiros, Commissioner, Connecticut Department of Correction Connecticut 2025-07-25 Denied Response Waived conflict-of-interest criminal-defendant effective-counsel legal-malpractice right-to-counsel sixth-amendment Whether the threat of a civil action by a criminal defendant against his attorney is a per se denial of the right to the effective of counsel guarante…
24-954 Anthony Vetri v. United States Third Circuit 2025-03-05 Denied Response Waived conflict-of-interest criminal-defense cronic-standard effective-counsel sixth-amendment strickland-standard 1. To show a violation of the right to conflict-free counsel when represented by multiple attorneys, only some of whom are conflicted, must a defendan…
23-6839 Donte Johnson v. Nevada Nevada 2024-02-27 Denied IFP constitutional-rights criminal-procedure discretionary-strategy effective-counsel expert-testimony false-confessions ineffective-assistance police-interrogation sixth-amendment strickland strickland-standard Did the Nevada Supreme Court deprive petitioner of his Sixth Amendment right to effective counsel by analyzing counsel's ineffective performance as me…
23-6487 Simeon Bozic v. Pennsylvania Pennsylvania 2024-01-17 Denied Response WaivedIFP constitutional-rights due-process effective-counsel habeas-corpus ineffective-assistance-of-counsel marbury-v-madison martinez-v-ryan post-conviction post-conviction-relief shinn-v-ramirez state-procedural-rules Do the Shinn v. Ramirez, 142 S. Ct. 1718, 596 U.S. 1. (2022), and Martinez v. Ryan, line of cases require the State to provide a post-conviction petit…
23-6238 William Jarvis v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-12-12 Denied IFP confrontation confrontation-clause due-process effective-counsel equal-protection fifth-amendment self-incrimination sixth-amendment third-party-guilt 1. Whether the Fifth Amendment right to be free from the compulsion to make self incriminating statements includes the right to not be required to pro…
23-6075 William Phillip Neidinger v. United States Ninth Circuit 2023-11-22 Denied Response WaivedIFP administrative-remedy constitutional-interpretation due-process effective-counsel identity-rights judicial-defect judicial-review jury-selection mandamus presumption-of-innocence selective-prosecution Is Not having actual availability of Effective Counsel and actual Presumption of Innocence, particularly in cases deriving from previous judicial defe…
22-941 Hatem Saied v. Workers' Compensation Appeal Board of Pennsylvania, et al. Pennsylvania 2023-03-28 Denied Response Waived 13th-amendment benefits bias constitutional-rights due-process effective-counsel employer-liability medical-care workers-compensation 1. In light of the 13th Amendment of the U.S. Constitution, should the employer who failed to provide medical care to the injured worker be responsibl…
21-7875 Freya D. Pearson v. United States Eighth Circuit 2022-05-16 Denied Response WaivedRelisted (2)IFP appellate-procedure constitutional-right direct-appeal due-process effective-counsel ineffective-assistance notice-of-deficiency notice-of-withdrawal notice-requirement prosecutorial-misconduct tax-deficiency Does a defendant have a Constitutional Right to Effective Counsel from beginning to end, while in their Direct Appeal? And if that defendant has not w…
21-7135 Daniel Joseph Dawson v. Jeremy Larson, Warden Eighth Circuit 2022-02-16 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process effective-counsel eighth-circuit supreme-court-precedent writ-of-certiorari (1)Whether acircuit court candeny acertificate ofappealability when theApplicant has made asubstantial showing ofthedenial ofimportant constitutional …
21-6437 J. S. v. Kansas Kansas 2021-11-30 Denied Response WaivedIFP appeal constitutional-rights due-process effective-counsel fourteenth-amendment ineffective-assistance right-to-appeal sixth-amendment 1. Did J.S. have a Fourteenth Amendment right to be advised by the Court of his right to appeal? 2. Did J.S. have a right to appeal out of time, beca…
21-5997 Jeremiah Ybarra v. United States Fifth Circuit 2021-10-19 Denied Response WaivedIFP criminal-procedure drug-statute due-process effective-counsel fifth-amendment grand-jury indictment jurisdiction prosecutorial-misconduct sixth-amendment WHETHER APPELLANT WAS DENIED HIS FIFTH AMENDMENT RIGHT TO A GRAND JURY PRESENTMENT OR INDICTMENT WHETHER APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIG…
21-5655 Timothy Dean Leners v. Wyoming Wyoming 2021-09-13 Denied Response WaivedIFP constitutional-rights criminal-procedure discovery due-process effective-counsel ineffective-assistance pro-se-representation prosecutorial-misconduct right-to-appeal sixth-amendment ONE: Was Defendant's 6th Amend. right to Effective Counsel violated when 1st chair appointed counsel testified at W.R.A.P. 21 hearing for new trial th…
21-5277 Samuel Eaddy v. Pennsylvania Pennsylvania 2021-08-03 Denied Response WaivedIFP civil-rights constitutional-challenge disabilities due-process effective-counsel jurisdictional-time-limits mental-health mental-health-disability post-conviction-relief procedural-requirements Individuals are guaranteed the right to effective counsel at trial. These rights mean nothing if attorneys are not held to task as to their stewardshi…
20-8223 Weldon Boyce Bridges v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-06-04 Denied IFP constitutional-rights constitutional-violations counsel-of-choice due-process effective-counsel ineffective-assistance plea-bargaining plea-coercion right-to-counsel sixth-amendment state-criminal-procedure Can the State District Court convict petitioner without "paid" counsel of choice at pre-trial, plea, arraignment, and evidentiary hearings, With a out…
20-7544 Demian Dominguez, aka Demain Dominguez v. Brian E. Williams, et al. Ninth Circuit 2021-03-25 Denied Response WaivedIFP cause-of-death certificate-of-appealability effective-counsel ninth-circuit prejudice procedural-default reasonable-jurists Whether the Ninth Circuit's order denying a certificate of appealability was clearly erroneous where reasonable jurists could disagree as to whether D…
20-7364 James Baldwin v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. Third Circuit 2021-03-08 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-counsel equal-protection ineffective-assistance mental-disability sixth-amendment 1. Whether Appellant was denied rights under the Sixth and Fourteenth Amendments of the United States Constitution to effective trial counsel and w…
20-7316 Jose Luis Morales v. Stuart Sherman, Warden Ninth Circuit 2021-03-03 Denied IFP appeal appellate-review district-court-discretion effective-counsel first-appeal post-conviction post-judgment-appeal sixth-amendment state-statutory-right statutory-right 1. Does the Sixth Amendment right to effective counsel on appeal apply to when the appeal takes place years after conviction and the defendant had a s…
20-5944 In Re Gerald M. Calmese 2020-10-07 Denied IFP constitutional-rights conviction criminal-procedure due-process effective-counsel evidence fourteenth-amendment habeas-corpus identity-theft jurisdiction sixth-amendment 1. Was the Eidere tresrs toblishThe "Anoter Person. in RDiRn Ent of Pantiff which The LAS COnUCED of Lakno thie I 2 2. Ds the cot betore which the Pe…
19-8824 Keith Newton v. Alabama Alabama 2020-06-26 Denied Response WaivedIFP civil-rights due-process effective-counsel evidence jury-instructions statutory-interpretation Question not identified.
19-8435 Jerome Lemeal Williams v. Wendy Duffy, et al. Ninth Circuit 2020-05-12 Denied Relisted (2)IFP civil-rights constitutional-rights due-process effective-counsel equal-protection judicial-bias procedural-due-process speedy-trial unlawful-touching I have a birth certificate .identification .social security card and was born in in the United States. I've went to prison for a crime I didn't commit…
19-8081 Juan Isaac Flores v. California California 2020-03-23 Denied Response WaivedIFP benefits constitutional-rights counsel-performance effective-counsel ineffective-assistance plea-agreement sentencing sixth-amendment (1) Was my Sixth Amendment right to effective counsel violated by Attorney Kovtun s ineffectiveness(2) Is the process that preceded the May 3, 2018 pl…
19-7954 Steven M. Leonhart v. Tim Shoop, Warden Sixth Circuit 2020-03-11 Denied IFP competent-counsel constitutional-rights counsel-performance criminal-procedure due-process effective-counsel ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining sixth-amendment strategic-benefit Is defense counsel who makes a plea bargain that fails to give his client a substantial strategic benefit acting as competent and effective counsel as…
19-7496 Garry Dean Stroner v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-01-30 Denied Relisted (2)IFP constitutional-rights discrimination due-process effective-counsel fair-cross-section fair-trial impartial-jury intentional-exclusion jury-composition jury-selection presumption-of-innocence prosecutorial-misconduct systematic-exclusion 1. Petitioner's trial counsel obtained the jury list two days prior to the day of jury selection. On the day of trial entire panel of sixty-five (65) …
19-7417 Corey Michael Edwards v. United States Fourth Circuit 2020-01-24 Denied Response WaivedIFP armed-career-criminal-act breaking-and-entering constitutional-challenge criminal-history effective-counsel predicate-offense predicate-offenses prior-convictions sentencing-enhancement sixth-amendment statutory-interpretation Can a the breaking and entering of outbouildings (ie. storage Sheds), that were visably and actually padlocked from the outside, where no reasonable p…
19-6780 Darius Kinney v. Ohio Ohio 2019-11-29 Denied IFP appellate-procedure appellate-rights constitutional-rights due-process effective-counsel ineffective-counsel mail-box-rule ohio-appellate-rules sixth-amendment time-limitation time-limits A) Were Petitioner's Sixth Amendment rights violated when appellate counsel failed to: 1) Notify Petitioner (of his appellate rights) in a timely mann…
19-6637 Gregory Cooper v. Katy Poole, et al. Fourth Circuit 2019-11-14 Denied Response WaivedIFP 5th-amendment 6th-amendment civil-rights constitutional-rights counsel criminal-procedure cruel-and-unusual-punishment due-process effective-counsel judicial-discretion right-to-counsel self-incrimination sixth-amendment subject-matter-jurisdiction takings Can a defendant be stoped from Confronting his accusers and witnesses with o ther testimony when the sth Amendment to the li.s. Const. Provides for Du…
19-525 Steve Cooley, et al. v. National Abortion Federation Ninth Circuit 2019-10-22 Denied Response Waived appellate-jurisdiction civil-rights contempt contempt-sanction criminal-procedure due-process effective-assistance-of-counsel effective-counsel preliminary-injunction sanctions sixth-amendment younger-abstention How can a state court criminal defendant enjoy his Sixth Amendment right to effective counsel when his state court criminal counsel have been held in …
19-5778 Hosam Maher Husein Smadi v. United States Fifth Circuit 2019-09-03 Denied Response WaivedIFP 18-usc-3553a constitutional-rights due-process effective-counsel equal-protection manifest-injustice plea-agreement right-to-effective-counsel rule-11 sentencing sentencing-guidelines supreme-court-precedent 1). Whether Smadi in this Case would suffer a manifest injustice and an extreme hardship by serving several extra years in prison absent such relief i…
18-9630 Michael Mancil Brown v. United States Sixth Circuit 2019-06-11 Denied Response WaivedIFP 6th-amendment 6th-amendment,effective-counsel,mistrial,closing-a closing-arguments constitutional-violation criminal-procedure due-process effective-counsel mistrial sixth-amendment trial trial-rights Was the Petitioners 6th Amendment Righ ts to effective counsel violated when Petitioner's Attorney refused a mistrial offer by the Court without consu…
18-8920 Charles Franklin Glasscock v. Jeri Taylor Ninth Circuit 2019-04-19 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure defense-counsel due-process effective-counsel habeas-corpus impartial-jury memorandum-decision ninth-circuit supreme-court Does the Ninth Circuit's memorandum decision, affirming the denial of habeas corpus relief, contravene this Court's commands regarding the vital guara…
18-8715 Quillie Merle Spray v. Kelly A. Ryan, Superintendent, State Correctional Institution at Shirley First Circuit 2019-04-05 Denied Response WaivedIFP constitutional-law criminal-procedure effective-counsel fair-trial insanity-defense mental-evaluation sixth-amendment Whether the Court of Appeals correctly decided an important question of constitutional law: that the Petitioner was denied his right to effective coun…
18-8066 Roger E. Magana v. Ron Credio, et al. Ninth Circuit 2019-02-21 Denied Response WaivedIFP criminal-procedure due-process effective-counsel habeas-corpus impartial-jury ninth-circuit sixth-amendment supreme-court-review Does the Ninth Circuit's memorandum decision contravene this Court's rulings affirming the guarantees of effective counsel and an impartial jury for a…
18-7772 Antonio Franklin v. Ohio Ohio 2019-02-05 Denied IFP capital-punishment civil-rights constitutional-rights criminal-procedure due-process effective-counsel execution-date habeas-corpus right-to-counsel Is the right to effective representation critical during which time the State moves for an execution date? Does the constitutional right to effective…
18-7644 Carlos Benitez v. James Key, Superintendent, Airway Heights Corrections Center Ninth Circuit 2019-01-29 Denied Response WaivedIFP appellate-review conflict-of-interest constitutional-provisions criminal-procedure due-process effective-counsel evidentiary-hearing habeas habeas-corpus legal-claim right-to-counsel sixth-amendment standard-of-appealability standard-of-review Did trial counsel have a conplict of interest by simulttanecusly representing Me. Benitez and a defense witness, violating Mir. Benitez's Sixth Amendm…
18-7199 Adelmo A. Fauntleroy v. Virginia Virginia 2018-12-28 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process effective-counsel incarceration ineffective-assistance-of-counsel reasonable-doubt right-to-counsel sixth-amendment 1). Did the Court have sufficient evidence beyond a reasonable doubt to convict the petitioner under the Sixth Amendment by the U.S.A. 2).Was the low…
18-6621 Aloeng Kelly Vang v. Tom Roy, Commissioner, Minnesota Department of Corrections Eighth Circuit 2018-11-08 Denied Response WaivedIFP constitutional-rights criminal-procedure effective-assistance-of-counsel effective-counsel ineffective-assistance-of-counsel plea-bargaining prejudice-prong sixth-amendment state-law straight-plea straight-pleas trial-rights ultimate-authority Where offers of straight pleas to the district court is permitted under state law, does state criminal defendants receive their Sixth Amendment right …
18-6558 Anthony James Merrick v. Arizona Arizona 2018-11-02 Denied IFP appellate-counsel attorney-client-privilege constitutional-rights due-process effective-counsel evidence-exclusion false-testimony ineffective-assistance-of-counsel prosecutorial-misconduct right-to-testify trial-procedure 1. Mr. Merrick alleged he was denied his constitutioncl right to testify in his trial in both the guilt and aggrauation phases. In the guilt phase, Mr…