No. 18-7644

Carlos Benitez v. James Key, Superintendent, Airway Heights Corrections Center

Lower Court: Ninth Circuit
Docketed: 2019-01-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review conflict-of-interest constitutional-provisions criminal-procedure due-process effective-counsel evidentiary-hearing habeas habeas-corpus legal-claim right-to-counsel sixth-amendment standard-of-appealability standard-of-review
Key Terms:
SocialSecurity
Latest Conference: 2019-02-22
Question Presented (AI Summary)

Did trial counsel have a conflict of interest by simultaneously representing Mr. Benitez and a defense witness?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1, Did traf counsel have conflict enterast ly simuttanecusly Laplesenting Mn Beniléz and a ae Lohass ; violating Mr. Benifez's Sixth Apunclment ight to ofbctive QSUSTANCL 6 counsel ? 2. Wes Mn Benitiz entitled to an tvidertfany hearing on his chum that Triad counsel hed 0. confict of interest 4 ; Simutfanaously Aephesenting My. Bénitez. anal a chfehse unriness 7 3. Did! the United! States Court of Appeals for the Minth Careuit impose an unduly burdensome Crile of Appeelolihty GA) standord thaf -otfhtarcones This Cou Procodent woken Z denied My, Benitez a COA om his habees claim that his Trial counsel labored under é. ofl intonest tn vicktion of his Sixth Amundmut right 0 fective cousel 7

Docket Entries

2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2019-01-30
Waiver of right of respondent James Key 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 28, 2019)

Attorneys

Carlos Benitez, Jr.
Carlos Benitez Jr. — Petitioner
Carlos Benitez Jr. — Petitioner
James Key
John Joseph Samson — Respondent
John Joseph Samson — Respondent