No. 18-7901

Darrius DaJuan Cohee v. James Yates, Warden

Lower Court: Tenth Circuit
Docketed: 2019-02-11
Status: Denied
Type: IFP
IFP
Tags: abuse-of-discretion conflict-of-interest constitutional-rights due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-appeal
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Was Petitioner's Counsel Ineffective For Failing To File Petitioner's Motion To Withdraw Guilty Plea

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1) Was Petitioner's Counsel Ineffective For Failing To File Petitioner's Motion To Withdraw Guilty Plea After Petitioner Specifically Requested For Counsel To Do So (2) Was Petitioner's Constitutional Rights Violated Due To Counsels Failure To File Motion To Withdraw Guilty Plea?. (3) Was Petitioner's Federal Substantive Rights Violated By The State Using A Procedural State Bar Unconstitutionally Applied Without The State Meriting And Answering Petitioner's Federal Claims? (4) Did Petitioner Utilize The Correct Avenue To Challenge These Issues Through The Uniform Post-Conviction Procedure Act? (5) Did The Oklahoma Court Of Criminal Appeals Commit Error By Failing To Reverse The Order Denying Post-Conviction Relief For The Reasons Set Forth In His Petition In Error Relating To Petitioner's Ineffective Assistance Of Counsel Claims? (6) Did The Oklahoma Court Of Criminal Appeals Commit Error In Failing To Not Sustain Petitioner's Application For Post-Conviction Relief In The Lower District Court? (7) Did The Petitioner Sufficiently Raise His Claims For Relief Within The United States District Court For The Western District Of Oklahoma Where The Petitioner Could Bypass The AEDPA Statue Of Limitations By Demonstrating Exception For "Cause And Prejudice" Standards Due To Ineffective Assistance Of Counsel? (8) Did The United States District Court For The Western District Of Oklahoma Fail To Conduct A Requested Evidentiary Hearing On Petitioner Title 28 U.S.C.§2254 Petition For Writ Of Habeas Corpus On Petitioner's Ineffective Assistance Of Counsel Claims, Conflict Of Interest Claim, Denial Of Petitioner's Right To Appeal, Failure To File On Petitioner's Behalf In The Lower District Court? (9) Did The Courts Commit An Abuse Of Discretion In Failing To Adhere To United States Supreme Court Precedent Cases And United States Constitutional Rights That Did Not Pass Constitutional Muster And Comport To Federal Substantive Law? (10) Will The United States Supreme Court Intervene And Protect Petitioner And His Constitutional Rights That Have Been And Continue To Be Unresolved In The Lower Courts And Set A New Precedent Law? (11) Did The United States District Court For The Western District of Oklahoma Commit Error When It Failed To Issue Petitioner's Supeona Duces Tecum On Witnesses That Would And Still Will Prove Petitioner's Claims On Related Ineffective Assistance Of Counsel? (12) Dia The United States Court Of Criminal Appeals For The Tenth Circuit Commit Error By Failing To Address The Federal Constitutional Issues Raised Th i roughout Petitioner's Collateral Appeals Process? (2)

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2018-10-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 13, 2019)

Attorneys

Darrius Dajuan Cohee
Darrius Dajuan Cohee — Petitioner
Darrius Dajuan Cohee — Petitioner