No. 18-5662

Myrna Diaz v. New Jersey

Lower Court: New Jersey
Docketed: 2018-08-20
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights counsel-misconduct criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sentencing sixth-amendment unauthorized-practice-of-law
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Did the staff of the 'Project Freedom Fund' who provided faulty legal advice to petitioner, and thus induced her to withdraw a guilty plea for which she would have been sentenced to only fifteen (15) years, render legal representation despite not having been admitted to practice law in New Jersey, thus violate petitioner's right to effective assistance of counsel?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; QUESTION ONE: : a ; ; 1. DID THE STAFF OF THE “PROJECT FREEDOM FUND” WHO PROVIDED ; c ' FAULTY LEGAL ADVICE TO PETITIONER, AND THUS INDUCED HER TO : : WITHDRAW A GUILTY PLEA FOR WHICH SHE WOULD HAVE BEEN SENTENCED TO ONLY FIFTEEN (15) YEARS, RENDER LEGAL REPRESENTATION DESPITE NOT HAVING BEEN ADMITTED TO PRACTICE . : LAW IN NEW JERSEY, THUS VIOLATE PETITIONER’S RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL? (U.S. Const. Amendment Six) . 2. DID THE ABOVE CRCUMSTANCES CONSTITUTE INEFFECTIVE ASSISTANCE OF COUNSEL (U.S. Const. Amend. Six) ; a .

Docket Entries

2018-10-29
Petition DENIED.
2018-10-04
DISTRIBUTED for Conference of 10/26/2018.
2018-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 19, 2018)

Attorneys

Myrna Diaz
Myrna Diaz — Petitioner
Myrna Diaz — Petitioner
New Jersey
Frank J. DucoatEssex County Prosecutor's Office, Respondent
Frank J. DucoatEssex County Prosecutor's Office, Respondent