No. 18-9533

Shua Tilahun v. Jeff Premo, Superintendent, Oregon State Penitentiary

Lower Court: Oregon
Docketed: 2019-06-04
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 6th-amendment equitable-tolling fourteenth-amendment ineffective-assistance-of-counsel martinez-v-ryan post-conviction-counsel post-conviction-relief sixth-amendment successive-post-conviction
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether Martinez v. Ryan allows a case to be overturned if the plaintiff can show a high probability of a substantially different outcome at the trial level due to ineffective assistance of post-conviction counsel

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. If Martinez V. Ryan, 566 U.S. 1, 132 S Ct 1309, allows for a case to be over-turned if ; the Plaintiff can show, had it not been for ineffective assistance of post-conviction ; counsel he could have shown a high probability of a substantially different outcome at the trial lever that is favorable to the Petitioner. The 6" and 14" amendment guaranty a process for appealing thus insuring appellant can preserve claims thru himself or though counsel. Hyper representation is prohibited therefore, if the state post-conviction courts prohibit successive post-convictions for having ineffective assistant of counsel. In State court claims are not preserved, despite multiple attempts to bring attention to the court that claims and evidence were not preserved or argued and the courts would not appoint new counsel how is either Martinez V. Ryan or the 6" and 14 amendment to the U.S. CONCLUSION being observed if when in U.S. District court claims will have not been properly preserved do to ineffective assistance of post-conviction conclusion and the courts failure to act what can be done in that situation? : 2. How can claims of ineffective assistance of counsel be made to the courts with corresponding evidence if counsel refuses to raise claims and submit corresponding evidence to the post-conviction courts? . ; What does appellant do to preserve claims of ineffective assistance of post-conviction when the post-conviction courts will not appoint new counsel? 4 . If counsel knowingly raises claims that knowingly are false and appellant tells counsel the claims are false what does appellant do? Page 8 Of 14 5. If counsel submits evidence for a post-conviction at 3:00AM the day of trial and the . evidence is thrown out for not being filed in a timely manner what does appellant do if the courts chose not to act ? . 6. What does appellant do if a successive post-conviction is filed for purpose of equitable tolling under Martinez V. Ryan and ORS 138.510(3) and the successive post-conviction is similarly dismissed after appellant sites Martinez V. Ryan and ORS 138.510(3)?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-18
DISTRIBUTED for Conference of 10/1/2019.
2019-01-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2019)

Attorneys

Shua Tilahun
Shua Tilahun — Petitioner
Shua Tilahun — Petitioner