No. 18-6174

Edward Lang v. David Bobby, Warden

Lower Court: Sixth Circuit
Docketed: 2018-10-02
Status: Denied
Type: IFP
IFP
Tags: deficient-performance due-process false-evidence false-theory ineffective-assistance juror-tampering presumption-of-prejudice reasonable-strategy reasonable-trial-strategy strickland-standard strickland-v-washington trial-strategy
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Can the presentation of false evidence, in support of a false theory, constitute a reasonable trial strategy under Strickland v. Washington?

Question Presented (OCR Extract)

QUESTIONS PRESENTED A. Can the presentation of false evidence, in support of a false theory, that trial counsel knew or should have known was false, ever constitute a reasonable trial strategy, to rebut a claim of deficient performance, under Strickland v. Washington, 466 U.S. 668 (1984)? B. Should the Sixth Circuit be permitted to unilaterally abrogate the presumption of prejudice that arises in a criminal case from “any private communication, contact, or tampering, directly or indirectly, with a juror during a trial about the matter pending before the jury,” required by Remmer v. United States, 347 U.S. 227, 229 (1954), and reaffirmed in Dietz v. Bouldin, 136 S. Ct. 1885, 1893 (2016)? i

Docket Entries

2019-01-07
Petition DENIED.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-12-17
Reply of petitioner Edward Lang filed.
2018-12-03
Brief of respondent David Bobby in opposition filed.
2018-10-17
Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2018.
2018-10-12
Motion to extend the time to file a response from November 1, 2018 to December 3, 2018, submitted to The Clerk.
2018-09-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2018)

Attorneys

David Bobby
Michael Jason HendershotOhio Attorney General's Office, Respondent
Edward Lang
Karl David SchwartzLaw Office of Karl Schwartz, Petitioner