No. 18-5531

Kelly E. Culver v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility

Lower Court: Seventh Circuit
Docketed: 2018-08-09
Status: Denied
Type: IFP
IFP
Tags: appellate-counsel-ineffectiveness cause-and-prejudice due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment strickland-standard
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Whether trial counsel's failure to offer a contemporaneous objection during trial compromised the petitioner's Sixth Amendment right to competent counsel at a critical stage, satisfying the cause and prejudice standard required to overcome procedural default

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Sixth Amendment of the Federal Constitution provides safeguards for any person facing criminal prosecution assistance of counsel, and this right is guaranteed at all critical stages of the trial as well as all stages of direct review. The Fourteenth Amendment of the Federal Constitution guarantees due process of law.. ; : The questions presented are whether trial counsel’s failure to offer a contemporaneous objection during trial compromised Culver’s Sixth Amendment right to ; competent counsel at the most critical stage of trial in turn, satisfying the Cause and Prejudice standard required to overcome procedural default! and whether the Indiana Supreme Court’s departure from a straight-forward application of the STRICKLAND” standard in their tuling on Culver’s ineffective assistance of trial counsel claim was in violation of his due process rights as guaranteed by the Fourteenth Amendment? . * Strickland v, Washington, 466 U.S. 668, 687, 104 $.Ct, 2052, 80 L.Ed.2d 674 (1984). ii

Docket Entries

2018-10-09
Petition DENIED.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-01-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2018)

Attorneys

Kelly E. Culver
Kelly E. Culver — Petitioner