No. 18-8316

Ricardo Guerrero v. United States

Lower Court: Fifth Circuit
Docketed: 2019-03-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-materials criminal-justice-act evidentiary-hearing evidentiary-hearings expert-services habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-rights rule-5(b) section-3500(b) trial-counsel
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether the habeas corpus statute at Rule 5(b) mandates the government to address the petitioner's allegations, allowing the district court to circumvent the petitioner's right to evidentiary hearings for disputed facts regarding ineffective assistance of trial counsel

Question Presented (OCR Extract)

QUESTION PRESENTED THE PROVISIONS OF THE HABEAS CORPUS STATUTE AT RULE 5(b), MANDATES ANSWER TO ALLEGATIONS PRESENTED THE GOVERNMENT'S FAILURE TO ADDRESS THE ISSUE ALLOWS THE DISTRICT COURT TO CIRCUMVENT THE PETITIONER'S RIGHT TO EVIDENTIARY HEARINGS FOR FACTS IN DISPUTE IN A MATTER OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL, THE ARCUMENT HAS NOT BEEN ADDRESSED BY THE COURT EITHER. TRIAL COUNSEL MISREPRESENTED THE LAW WITH REGARD TO APPOINTMENTS OF EXPERT SERVICES FOR A CLIENT RETAINED AS‘RESULT OF CRINTMAL JUSTICE ACT APPOINTMENT, THEREBY BY VESTING THE CLIENT WITH THE SUBSTANTIVE AND PROCEDURAL RIGHTS PROVISIONED BY THE TERMS OF THE STATUTE. MOREOVER, TRIAL COUNSEL PREVENTED THE PETITONER'S REVIEW OF § 3500(b) MATERIALS POST TESTIMONY OF WITNESS CARMEN SANCHEZ. cay ié

Docket Entries

2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-14
Waiver of right of respondent United States to respond filed.
2018-11-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2019)

Attorneys

Ricardo Guerrero
Ricardo Guerrero — Petitioner
Ricardo Guerrero — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent