No. 18-8871

Roy L. Rambo v. Patrick Nogan, Administrator, East Jersey State Prison, et al.

Lower Court: Third Circuit
Docketed: 2019-04-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 6th-amendment aedpa antiterrorism-and-effective-death-penalty-act asset-freezing counsel-of-choice criminal-prosecution due-process personal-assets sixth-amendment state-court-ruling
Latest Conference: 2019-06-06
Question Presented (from Petition)

1. Whether the Sixth Amendment right to counsel of choice was violated when a state court issued an order which froze the defendant's lawfully acquired personal assets, and thereby deprived the defendant of access to the funds he needed to exercise his Sixth Amendment right to retain counsel of his choice to represent him in connection with a criminal prosecution where he was charged with murdering his wife.

2. Whether the Antiterrorism and Effective Death Penalty Act ("AEDPA") standard of deference to a state court ruling on a federal constitutional claim applies when the only state court "merits" ruling substituted the Sixth Amendment indigent right to counsel for the Sixth Amendment right to counsel of choice.

Question Presented (AI Summary)

Whether the Sixth Amendment right to counsel of choice was violated

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-06
Waiver of right of respondents Patrick Norgan, Administrator, East Jersey State Prison, et al. to respond filed.
2019-04-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2019)

Attorneys

Patrick Norgan, Administrator, East Jersey State Prison, et al.
Kelly Anne Shelton — Respondent
Roy Rambo
Richard CoughlinSuite 350, Petitioner