No. 18-8247

Patrick Joseph Kofalt v. United States

Lower Court: Third Circuit
Docketed: 2019-03-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conflict-of-interest constitutional-rights counsel-waiver due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-counsel sixth-amendment waivers
Key Terms:
FourthAmendment CriminalProcedure HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-03-29
Question Presented (AI Summary)

Are all ineffective assistance of counsel waivers per se invalid because they violate the Sixth Amendment's right to conflict-free representation?

Question Presented (OCR Extract)

Questions Presented DATE: 02/20/2019 09:21:24 AM : QUESTIONS PRESENTED |. Are all ineffective assistance of counsel waivers per se invalid because they violate the Sixth Amendment's right to conflict-" free representation? Il. Did the Third Circuit egregiously err by considering (i.e., summarily "rubber-stamp" denying) constitutional issues not passed upon below which -under controlling authority -must be addressed by the district court in the first instance? Ill. Did both lower courts err by completely ignoring controlling authority from this Court in Lee v. United States, 137 S.Ct. 1958 (2017) regarding Petitioner's plea agreement not being knowing and voluntary? IV. Did both lower courts err by completely ignoring a staggering amount of uncontested new evidence and controlling authority conceded by the United States regarding Petitioner receiving ineffective assistance of counsel in violation of the Sixth Amendment?

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-08
Waiver of right of respondent United States to respond filed.
2019-02-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2019)

Attorneys

Patrick Kofalt
Patrick Joseph Kofalt — Petitioner
Patrick Joseph Kofalt — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent