No. 18-8189

Martin Tovar v. Dushan Zatecky, Superintendent, Pendleton Correctional Facility

Lower Court: Seventh Circuit
Docketed: 2019-02-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation confrontation-clause constitutional-rights due-process evidentiary-hearing federal-precedent habeas-corpus habeas-corpus-petition ineffective-assistance ineffective-assistance-of-counsel post-conviction
Key Terms:
DueProcess FourthAmendment HabeasCorpus CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2019-04-18
Question Presented (AI Summary)

Whether the Indiana Southern District Court erred in ruling Petition for Writ of Habeas Corpus was time barred and the Seventh Circuit Court of Appeals erred in ruling no Constitutional rights and/or federal precedent were violated

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Ground One: Whether (a) The Indiana Southern District Court erred . in ruling Petition for Writ of Habeas Corpus was time barred and (b) . Seventh Circuit Court of Appeals erred in ruling no Constitutional rights . and/or federal precedent were violated in the grounds listed below submitted for review? 2. Ground two: Whether Petitioner was denied Due Process of law and the right to be effectively represented in violation of the Fourth, Fifth, Sixth, and Fourteenth Amendments when the PostConviction Court denied him a full and fair evidentiary hearing? ; 3.. Ground three: Whether Petitioner was denied Due Process of law under the Fifth and Fourteenth Amendments to the United States Constitution when the Post-Conviction Court deprived him of an evidentiary hearing? 4. Ground four: Whether Petitioner was denied Due Process of law as guaranteed in the Fifth, Sixth, and Fourteenth Amendments when the PostConviction Court denied him a full and fair evidentiary hearing where Petitioner has under an ineffective assistance of trial counsel claimed a violation of his right to confrontation? 5. Ground five: Whether Petitioner was denied Due Process of law as guaranteed in the Fifth, Sixth, and Fourteenth Amendments when the Post-Conviction Court denied him a full and fair evidentiary hearing where he has claimed and not established on record ineffective assistance of trial counsel? ; ii

Docket Entries

2019-04-22
Petition DENIED.
2019-04-03
DISTRIBUTED for Conference of 4/18/2019.
2019-04-01
Waiver of right of respondent Zatecky, Warden to respond filed.
2019-02-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2019)

Attorneys

Martin Tovar
Martin Tovar — Petitioner
Zatecky, Warden
Stephen Richard Creason — Respondent