No. 19-5675

Stephen Jason Whitaker v. Jeff Premo, Superintendent, Oregon State Penitentiary

Lower Court: Ninth Circuit
Docketed: 2019-08-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability due-process exhaustion-of-state-remedies habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel postconviction-counsel procedural-default sentencing-guidelines state-court-proceedings vasquez-v-hillery
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether a Court of Appeals' denial of a certificate of appealability conflicts with this Court's rulings in Vasquez v. Hillery

Question Presented (OCR Extract)

QUESTION PRESENTED Mr. Whitaker claimed in federal habeas proceedings that his guilty plea violated his right to due process because he entered it unaware of relevant statutory maximum penalties. Acknowledging that the claim was procedurally defaulted, he asserted that the procedural default should be excused because ineffective assistance of trial counsel caused it. Coleman v. Thompson, 501 U.S. 722, 754 (1991). Correlatively, he argued that the procedural default of the ineffective assistance of trial counsel claim was procedurally defaulted but that it should be excused due to ineffective assistance of postconviction counsel. Martinez v. Ryan, 566 U.S. 1 (2012). Relying on a related but, Mr. Whitaker contends, distinct claim, the District Court rejected Mr. Whitaker’s assertion that the ineffective assistance of trial counsel claim was exhausted. The question presented is: Whether a Court of Appeals’ denial of a certificate of appealability conflicts with this Court’s rulings in Vasquez v. Hillery, 474 US. 254, 260 (1986), where the district court determined that the state court claim that trial counsel was ineffective in allowing the defendant to enter a guilty plea based on counsel’s “misleading information about the law and sentencing and how it applied” exhausted the more specific federal habeas claim that trial counsel was ineffective in failing to advise him of relevant statutory maximum penalties. i

Docket Entries

2019-10-07
Petition DENIED.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-08-28
Waiver of right of respondent Jeff Premo to respond filed.
2019-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2019)

Attorneys

Jeff Premo
Benjamin Noah GutmanOregon Department of Justice, Respondent
Benjamin Noah GutmanOregon Department of Justice, Respondent
Stephen Whitaker
Oliver LoewyFederal Public Defender, Petitioner
Oliver LoewyFederal Public Defender, Petitioner