No. 19-5703

Eric Massey v. Darrel Vannoy, Warden

Lower Court: Fifth Circuit
Docketed: 2019-08-23
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 6th-amendment constitutional-rights counsel-effectiveness critical-stage effective-assistance-of-counsel habeas-corpus sixth-amendment strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-18
Question Presented (AI Summary)

Was the real question before the court counsel's effectiveness?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED AFTER PETITIONER MADE A SUBSTANTIAL SHOWING OF A DENIAL OF A CONSTITUTIONAL RIGHT; SEK MILLER-EL V COCKRELL, 537 U.S. 322,336 (2003) HE WAS GRANTED BY THE UNITED STATES COURT OF APPEAL, FIFTH CIRCUIT, A CERTIFICATE OF APPEABILITY UNDER 28 U.S.C.§ 2253, WHERE THE UNITED STATES COURT OF APPEALS, FIFTH CIRCUIT: WENT OUTSIDE CONGRESS INTENT UNDER 28U.S.C.§2253 AND FAILED TO GRANT PETITIONER'S APPLICATION FOR A WRIT OF HABEAS CORPUS BY APPLYING THE INCORRECT RULE OF LAW, THAT WOULD CLEARLY BE DEBATABLE AMONG JURISTS OF REASON AND CONTRARY TO UNITED STATES SUPREME COURT HOLDING IN UNLTED STATES V_CRONIC, 466 U.S. 648, 104 S.CT.2039, 80 L.ED.2D 657 (1984). WAS THE REAL QUESTION BEFORE THE COURT COUNSEL'S EFFECTIVENESS? WHERE PETITIONER'S COUNSEL DECIDED TO TAKE OFF FROM A CRITICAL STAGE, WAS NOT PRESENT AT PETITIONER'S SENTENCE, THE UNITED STATES COURT OF APPEAL DETERMINE PETITIONER HAD EFFECTIVE ASSISTANCE OF COUNSEL, APPLYING STRICKLAND VS WASHINGTON, 466 U.S. 668, 104 S,CT.2052, 80 LED.2D 674 (1984) WHERE PETITIONER'S COUNSEL DECIDED TO NOT ATTEND SENTENCING PROCEEDING, WAS NOT PRESENT AT A CRITICAL STAGE OF CRIMINAL PROCEEDINGS, STRICKLAND COULD NOT BE THE CORRECT STANDARD TO DETERMINE WHETHER PETITIONER WAS CONSTRUCTIVELY DENIED COUNSEL. PETITIONER REQUEST IN PROTECTION OF HIS PRO SE 6th and 14th AMENDMENT(s) RIGHT THAT HIS “WRIT OF CERTIORARI” BE GRANTED AND THE STATE OF LOUISIANA NOR THE UNITED STATES COURT OF APPEAL, FIFTH CIRCUIT BE ALLOWED TO DEPRIVE ANYONE THEIR CONSTITUTIONAL RIGHT TO COUNSEL AT A CRITICAL STAGE. u

Docket Entries

2019-10-21
Petition DENIED.
2019-10-03
DISTRIBUTED for Conference of 10/18/2019.
2019-08-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2019)

Attorneys

Eric Massey
Eric Massey — Petitioner
Eric Massey — Petitioner