No. 18-8495

Leroy Scott v. United States

Lower Court: Fourth Circuit
Docketed: 2019-03-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-violation conflict-of-interest death-penalty ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-agreement plea-bargaining right-to-counsel
Key Terms:
Punishment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Whether counsel's ineffectiveness conflicts with the holding in Missouri v. Frye

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) WHETHER COUNSEL'S INEFFECTIVENESS CONFLICTS WITH THE. HOLDING IN MISSOURI v FRYE, FOR FAILING TO ADVISE PETITIONER OF THE MEANS TO SET FORTH IN THE DEATH PENALTY PROTOCOL WHERE THE PLEA AGREEMENT ESSENTIALLY MISTAKEN HIS EXPOSURE TO THE DEATH PENALTY. . (2) WHETHER THE LOWER COURT'S REJECTION OF THE PETITIONER'S REQUEST FOR A COA ON HIS CLAIM THAT HIS ATTORNEY LABORED : UNDER A CONFLICT OF INTEREST, BASED ON HIS PRIOR REPRESEN TATION OF A(N) ALLEGED CO-CONSPIRATOR. (3) WHETHER THE GOVERNMENT'S EGREGIOUS CONDUCT CONFLICT'S WITH THR HOLDING IN UNITED STATES v BRADY, WHERE PETITIONER WAS MISINFORMED AS TO A CRUCIAL ASPECT OF HIS PLEA. (4) WHETHER PETITIONER'S SECOND ATTORNEY NON-APPEARANCE DURING PLEA PROCESS WAS EQUIVALENT TO THE CONSTRUCTIVE DENIAL OF THE RIGHT TO COUNSEL, WHEN THE APPLICATION OF 18 USC § 3005 ENTITLES PETITIONER TO THE ASSISTANCE OF TWO ATTORNEYS UPON INDICTMENT WHERE PETITIONER WAS CHARGED WITH A CAPITAL . CRIME? : _4 ALL PARTIES APPEAR IN THE CAPTION COVER PAGE ~ii_ : cy eo oo ° . oo : “a :

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-02
Waiver of right of respondent United states to respond filed.
2019-02-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2019)

Attorneys

Leroy Scott
Leroy Scott Jr. — Petitioner
Leroy Scott Jr. — Petitioner
United states
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent