No. 18-9093

James M. Ferguson v. Pelicia E. Hall, Commissioner, Mississippi Department of Corrections, et al.

Lower Court: Fifth Circuit
Docketed: 2019-05-02
Status: Denied
Type: IFP
IFP
Tags: amendment civil-rights due-process effective-assistance-of-counsel indictment notice preliminary-hearing right-to-notice-of-charges right-to-prepare-defense
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the defendant received effective assistance of counsel when his attorney failed to request a preliminary hearing, which would have exposed the victim's lack of stab wounds and undermined the prosecution's case

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Cont Apasiut publie clefeacke, ak for a coutinvae, for Ciest Atha elienit inform wtoeney he Weuld vet ston Wavier of Deeliminaey, Because he wanted to Mave. hea ging. [te W ds Charge. wath stabbing his gielferend and he hadat stab Aujoue. Goupsel Went before the louit alone aud lad Client heaving ust fone. Deleud defe udanit Effective Vesistawee, of -Soummel Wh tionece boliesie. 1 he. had had Deelimi vary Wrearing 1+ sold have ace Exposed Vick ur Sofher NO Stab wounds... . DVeRwdavt Receive NO Notice he would be Hired for Causiug TNyURIe s to Vicia with Curling Teow, Live Deven, aud Radio. Indictment Reads « Stab Vic with Kuite., At teal Proseeutton INTRO duce. these. thoee. items, said, defeudant beat Vick ws Uncowsctous, show Phologaaphs of Vicho Surllen Face, the peosecubton Amend tudidureut. Defendaut was tired fn Dok he was wot charge with Defewdents have a Risht to 40 ivtoem of the Naluee of the Charge be able to Poe Pane. a Defease.-

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2018-09-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2019)

Attorneys

James M. Ferguson
James M. Ferguson — Petitioner
James M. Ferguson — Petitioner