No. 19-1478

John Kristoffer Larsgard v. Arizona

Lower Court: Arizona
Docketed: 2020-07-08
Status: Denied
Type: Paid
Response Waived
Tags: adequate-appeal appellate-review constitutional-rights due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel omitted-issues procedural-safeguards smith-v-robbins
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the process of review implemented by Arizona in claims of ineffective assistance of counsel satisfy Fourteenth Amendment protections

Question Presented (OCR Extract)

QUESTION PRESENTED In Smith v. Robbins, 528 U.S. 259 (2000), this Court determined that, in order to ensure that defendants are provided an adequate opportunity to present their appellate claims, states must implement minimum proper safeguards sufficient to satisfy Due Process. The question presented is: , whether the process of review implemented by Arizona in claims of ineffective assistance of counsel satisfy Fourteenth Amendment protections where the court fails to conduct a review of omitted issues against those raised in order to determine whether omitted issues were “clearly stronger” and to thereby ensure that a defendant was afforded an adequate and effective appeal in compliance with the Fourteenth Amendment.

Docket Entries

2020-10-05
Petition DENIED.
2020-08-12
DISTRIBUTED for Conference of 9/29/2020.
2020-07-23
Waiver of right of respondent Arizona to respond filed.
2020-06-29
Petition for a writ of certiorari filed. (Response due August 7, 2020)

Attorneys

Arizona
Michael R. ShumwayNavajo County Attorney's OFfice, Respondent
John Larsgard
John Kristoffer Larsgard — Petitioner