No. 18-9084

Edward JoRodge Gladney v. United States

Lower Court: Fifth Circuit
Docketed: 2019-05-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure diminished-capacity due-process evidentiary-hearing expert-testimony ineffective-assistance ineffective-assistance-of-counsel mental-capacity plea-bargaining plea-voluntariness sentencing sentencing-mitigation
Key Terms:
HabeasCorpus
Latest Conference: 2019-05-30
Question Presented (AI Summary)

Whether the district court erred or abused its discretion by failing to hold an evidentiary hearing after grant of COA on contested factual allegations (including competing affidavits),that Appellant's plea was unknowing and involuntary, his clearly evident diminished capacity claim, and counsel's failure to offer expert psychological testimony in mitigation of his sentence which, if true, would have entitled him to relief?

Question Presented (OCR Extract)

QUESTION PRESENTED , I, Whether the district court erred or abused its discretion by failing to hold an evidentiary hearing after grant of COA on contested factual allegations (including competing affidavits),that Appellant’s plea was unknowing and involuntary, his clearly evident diminished capacity claim, and counsel's failure to offer expert psychological testimony in mitigation of his sentence which, if true, would have entitled him to relief?

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-09
Waiver of right of respondent United States to respond filed.
2017-09-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2019)

Attorneys

Edward JoRodge Gladney
Edward J. Gladney — Petitioner
Edward J. Gladney — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent