No. 18-7725

Ralph Francis DeLeo v. Francisco J. Quintana, Warden

Lower Court: Sixth Circuit
Docketed: 2019-02-01
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: collateral-review due-process judicial-proceeding luis-v-united-states new-watershed-rule powell-v-alabama retroactivity right-to-counsel sixth-amendment supreme-court-rule-10 watershed-rule
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2019-05-30 (distributed 2 times)
Question Presented (AI Summary)

Should this Court exercise its supervisory power under Supreme Court Rule 10 and grant review of petitioner's case?

Question Presented (OCR Extract)

QUESTION PRESENTED ; . shoulda this Court exercise its supervisory power under Supreme Court Rule 10 and Grant review of petitioner's case because the Sixth Circuit ignored his principal argument and thus "departed from the accepted and usual course of judicial proceeding," thereby depriving him of his right to an appeal and due process of law? Should this Court exercise its supervisory power under Supreme Court Rule 10 and grant review of petitioner's case because the Sixth Circuit ignored Supreme Court rulings that. held that the Right to Counsel is "Fundamental"; that the . ; right to counsel falls within the general rule of nonretroactivity and prisoner's may obtain relief on collateral . : review of claims based on a "new Watershed rule of criminal procedure," where the Right to Counsel of Choice is denied. Whether this case meets the standard for application to . to precedence set by the Supreme Court in the following Supreme Court rulings; 1. Luis v. United States, that the right to counsel is "fundamental" based on the Sixth Amendment, : granting a defendant "a fair opportunity to secure counsel of . choice" Also affirmed in Powell v. Alabama, 2. Also, the precedent set in the new watershed rule of criminal procedure, "implicating the fundamental fairness set in Saffe v. Parks, under Teague's second exception doctrine. i .

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-01
Brief of respondent Quintana, Warden, Francisco J. in opposition filed.
2019-03-28
Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2019.
2019-03-27
Motion to extend the time to file a response from April 3, 2019 to May 3, 2019, submitted to The Clerk.
2019-03-04
Response Requested. (Due April 3, 2019)
2019-02-21
DISTRIBUTED for Conference of 3/15/2019.
2019-02-14
Waiver of right of respondent Quintana, Warden, Francisco J. to respond filed.
2018-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2019)

Attorneys

Quintana, Warden, Francisco J.
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Ralph Francis DeLeo
Ralph Francis DeLeo — Petitioner
Ralph Francis DeLeo — Petitioner