No. 18-6486

In Re Steve G. Hernandez

Lower Court: N/A
Docketed: 2018-10-29
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: brady-material brady-violation civil-rights criminal-procedure cumulative-error due-process evidence-suppression impeachment ineffective-assistance perjury witness-impeachment
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-02-15 (distributed 2 times)
Question Presented (AI Summary)

What is the constitutional violation of ineffective assistance of counsel

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; (A) WHAT TS CONSTITUTIONAL VIOLATION OF INEFFECTIVE ASSISTANCE , "OF COUNSEL WHEN: . Ll. Trial counsel Quintino did not Investigate and Properly. . examine the FRANCO case: Trial attorney did not interview, or call as witnesses petitioner's parents for impeachment purposes : of Detective Medici's testimony insuating petitioner had a gun. 2. Trial counsel should have sent an Investigator to examine Franco's vehicle. Franco had limoousine tinted windows. Franco's vision looking through a rearview mirror at petitioner would have : been impaired, on a completely dark strrt. 3.(a) Defense counsel should have investigated and interviewed Officer Meyer. The first responding police officer and Secured the Officer's notes he made after interviewing Franco and . inspecting her car. ' (b) Defense Counsel does not call Officer Braun the first responding officer in the Mendez case to impeach Carla Valencia's testimony. Key witness for the Burglary. a 4. Should defense counsel request a pre-trial hearing for the Suppression of the alleged hullet(projectile) when the evidence is tampered with, also for Chain of Custody and Authentication purposes. (by) When trial counsel Shroud object to evidence. 5 & 6. Defense Counsel should have investigated all witnesses : for their Criminal record[s] for Impeachment and Moral Turpitude . purposes. ; . i 7. When penalty attorney Mr. Wright chose to remain quit during petitioner's new trial motion/Romero motion/Sentencing. 8. When should trial attorney move for dismissal before Trial : on all counts (B) What is a Constitutional violation, when the District Attorney did not honor, whether innocently or knowingly, Failed to provide BRADY MATERTAL to the defense when discovery requested: 1. Oscar Galeana's criminal record, He tampered with Evidence : and the alleged crime scene(alleged bullet.). ; 2.(a) All information pertaining to ERNIE, so defendant could have defended himself... (b) And when prosecutor fails to provide basic information on : alleged victim, what is Constitutionally not enough evidence to uphold verdict/conviction. (Ernie) 3.(a) When the prosecutor did not give to the defense the Statements of witness[es] Carla, Her testimony at trial is no where in the evidence. (Her testimony places petitioner inside the i “ residence). : . . (B) What is perjury concerning Carla's testimony. What ts Ineffective Assistance of Appellate Counsel 4, When Counsel fails to raise MERITORIOUS GROUNDS in this petition. What is Cumulative error, violating petitioner's Constitutional cights, pertaining to petitioner's claims. wae . vt

Docket Entries

2019-02-19
Rehearing DENIED.
2019-01-16
DISTRIBUTED for Conference of 2/15/2019.
2018-12-10
Petition for Rehearing filed.
2018-11-19
Petition DENIED.
2018-11-15
Waiver of right of respondent Craig Koenig, Warden to respond filed.
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-09-11
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Craig Koenig, Warden
Julie Louise GarlandOffice of the Atty General, Respondent
Julie Louise GarlandOffice of the Atty General, Respondent
Steve Hernandez
Steve Gilbert Hernandez — Petitioner
Steve Gilbert Hernandez — Petitioner