No. 19-6045

Scott H. Summerhays v. United States

Lower Court: Ninth Circuit
Docketed: 2019-09-24
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-counsel change-of-plea criminal-procedure critical-stage effective-assistance-of-counsel faretta faretta-waiver ineffective-assistance right-to-counsel sixth-amendment waiver
Key Terms:
HabeasCorpus
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (AI Summary)

Does a criminal defendant have a right under the Sixth Amendment to reassert his right to counsel at a critical stage (a change of plea hearing) after he had previously waived his right to counsel per Faretta?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : 1. Does a criminal defendant have a right under the Sixth Amendment to reassert his right to counsel at a critical . stage (a change of plea hearing) after he had previously waived his right to counsel per Faretta? . 2. Was Petitioner's Sixth Amendment right to effective assistance of appellate counsel violated when appellate counsel failed to argue that: Petitioner's Sixth Amendment right to counsel . was denied at a critical stage? 3. Was Petitioner's Sixth Amendment right to effective assistance "ef counsel violated when sentencing counsel failed to object : : to not only his criminal history, but also his criminal : history category? 4. Was Petitioner's Sixth Amendment right to effective assistance of appellate counsel violated when appellate counsel. failed . to argue that his criminal history and criminal history points were miscalculated at sentencing? , .

Docket Entries

2020-01-13
Rehearing DENIED.
2019-12-18
DISTRIBUTED for Conference of 1/10/2020.
2019-11-18
Petition for Rehearing filed.
2019-11-04
Petition DENIED.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-10-02
Waiver of right of respondent United States to respond filed.
2019-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2019)

Attorneys

Scott H. Summerhays
Scott H. Summerhays — Petitioner
Scott H. Summerhays — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent