No. 18-7254

Alvin E. Thomas v. United States

Lower Court: Third Circuit
Docketed: 2019-01-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 6th-amendment actual-prejudice automatic-reversal collateral-review counsel-of-choice fundamental-unfairness ineffective-assistance ineffective-assistance-of-counsel sixth-amendment structural-error
Key Terms:
HabeasCorpus
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Is automatic reversal required where a defendant was denied counsel of choice due to the ineffective assistance of counsel?

Question Presented (OCR Extract)

QUESTION PRESENTED In Weaver v. Massachusetts, 137 S. Ct. 1899, 1911-12 (2017), this Court left open the question of whether a claim of ineffective assistance of counsel on collateral review alleging that counsel’s deficient performance resulted in structural error leading to fundamental unfairness requires automatic reversal or a showing of actual prejudice. In United States v. Gonzalez-Lopez, 548 U.S. 140, 146 (2006), this Court held that the denial of a defendant’s right to counsel of choice results in structural error because the Sixth Amendment “commands, not that a trial be fair, but that a particular guarantee of fairness be provided—to wit, that the accused be defended by the counsel he believes to be best.” The question presented is this: Is automatic reversal required where a defendant was denied counsel of choice due to the ineffective assistance of counsel? i

Docket Entries

2019-02-19
Petition DENIED.
2019-01-24
DISTRIBUTED for Conference of 2/15/2019.
2019-01-17
Waiver of right of respondent United States of America to respond filed.
2019-01-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2019)

Attorneys

Alvin Thomas
Arianna Julia FreemanFederal Community Defender Organization, Petitioner
Arianna Julia FreemanFederal Community Defender Organization, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent