No. 18-5953

Antowan Thorne v. United States

Lower Court: Fourth Circuit
Docketed: 2018-09-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability district-court-error due-process evidentiary-hearing franks-hearing ineffective-assistance ineffective-assistance-of-counsel motion-for-new-trial new-trial search-suppression sixth-amendment witness-testimony
Key Terms:
HabeasCorpus Jurisdiction
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Should the district court's denial of a new trial or evidentiary hearing due to counsel's failure to interview witnesses and call additional witnesses be reviewed?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW I. SHOULD WRIT OD CERTIORARI BE GRANTED TO REVIEW IF THE DISTRICT COURT ERRED IN DENYING THE MOTION FOR NEW TRIAL OR EVIDENTIARY HEARING WHEN COUNSEL FAILED TO INTERVIEW POTENTIAL WITNESS AND CALL ADDITIONAL WITNESSES TO TESTIFY IN THORNE'S DEFENSE? II. SHOULD A WRIT OF CERTIORARI BE GRANTED TO REVIEW IF THE DISTRICT COURT ERRED IN DENYING THORNE A HEARING TO ADDRESS THE FRANKS HEARING ISSUE? : II1. SHOULD A WRIT OF CERTIORARI BE GRANTED TO REVIEW IF THE DISTRICT COURT ERRED IN DENYING THORNE AN EVIDENTIARY HEARING WHEN COUNSEL FAILED TO SUPPRESS THE SEARCH? IV. SHOULD A WRIT OF CERTIORARI BE GRANTED TO REVIEW IF THE DISTRICT COURT ERRED IN DENYING THE MOTION FOR A C.0.A. OR §2255, AN EVIDENTIARY HEARING, OR NEW TRIAL WHEN COUNSEL FAILED TO FILE MOTION TO SUPPRESS TESTIMONY USE IN SEARCH? Vv. SHOULD A WRIT OF CERTIORARI BE GRANTED TO REVIEW IF THE DISTRICT COURT ERRED IN DENYING THE MOTION FOR AN EVIDENTIARY HEARING OR C.0.A. TO DETERMINE IF COUNSEL ERRED WHEN HE FAILED TO OBJECT TO THE INADMISSABLE EVIDENCE? VI. SHOULD A WRIT FOR CERTIORARI BE GRANTED TO DETERMINE IF THE DISTRICT COURT ERRED IN DENYING THE §2255/C.0.A., TO DETERMINE IF COUNSEL ERRED WHEN HE FAILED TO CALL ADDITIONAL WITNESS TO SUPPORT THE ENTRAPMENT DEFENSE? VII. SHOULD A WRIT OF CERTIORARI BE GRANTED TO DETERMINE IF THE DISTRICT COURT ABUSED ITS DISCRETION WHEN IT MAKES AN ERROR OF LAW? Vill. SHOULD A WRIT OF CERTIORARI BE GRANTED TO ADDRESS THORNE'S CLAIM UNRELATED TO INEFFECTIVE OF ASSISTANCE. IX. SHOULD A WRIT OF CERTIORARI BE GRANTED TO REVIEW THORNE'S PRETRIAL MOTION FOR PROSECUTOR MISCONDUCT? ii

Docket Entries

2018-10-09
Petition DENIED.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-09-17
Waiver of right of respondent United States to respond filed.
2018-03-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2018)

Attorneys

Antowan Thorne
Antowan Thorne — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent