No. 18-5071

Juan Carlos Vazquez v. South Carolina

Lower Court: South Carolina
Docketed: 2018-07-02
Status: Denied
Type: IFP
Response RequestedRelisted (2)IFP
Tags: deportation due-process effective-assistance-of-counsel guilty-plea knowing-and-voluntary language-barrier prosecutorial-misconduct sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2018-11-30 (distributed 2 times)
Question Presented (AI Summary)

Was petitioner denied his Sixth Amendment right to effective assistance of counsel?

Question Presented (from Petition)

QUESTION(S) PRESENTED QUESTION #1 WAS PETITIONER DENIED HIS SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL WHERE THE EVIDENCE IN THE RECORD THAT PETITIONER DOES NOT UNDERSTAND ENGLISH PLAINLY SHOWS THAT ANY ADMISSION AT THE GUILTY PLEA COULD NOT RELIABLY INDICATE THAT PETITIONER'S PLEA WAS KNOWING AND VOLUNTARY? QUESTION #2 WAS PETITIONER DENIED HIS SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL WHERE PLEA HEARING COUNSEL FAILED TO ADVISE THE PETITIONER THAT IF HE PLEADS GUILTY HE WOULD BE DEPORTED AND THE FAILURE TO ADVISE THE PETITIONER DENIED HIM DUE PROCESS OF LAW? QUESTION #3 WAS THE PROSECUTOR'S CONDUCT IN THIS CASE AMOUNT TO PROSECUTORIAL MISCONDUCT, WHICH DENIED THE PETITIONER DUE PROCESS OF LAW?

Docket Entries

2018-12-03
Petition DENIED.
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-10-31
Brief of respondent South Carolina in opposition filed.
2018-09-21
Motion to extend the time to file a response is granted and the time is extended to and including October 31, 2018.
2018-09-17
Motion to extend the time to file a response from October 1, 2018 to October 31, 2018, submitted to The Clerk.
2018-08-30
Response Requested. (Due October 1, 2018)
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2018)

Attorneys

Juan Carlos Vazquez
Juan Carlos Vazquez — Petitioner
Juan Carlos Vazquez — Petitioner
South Carolina
Megan Harrigan JamesonS.C. Attorney General's Office, Respondent
Megan Harrigan JamesonS.C. Attorney General's Office, Respondent