No. 19-6196

Frank D. Monsegue, Sr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-10-07
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appeals appointment-of-counsel civil-procedure civil-rights constitutional-law criminal-procedure due-process ineffective-assistance-of-counsel right-to-appeal right-to-be-informed standing
Latest Conference: 2019-11-08 (distributed 2 times)
Question Presented (from Petition)

a warrantless arrest, without search or warrant to enter a home without exigent circumstances is a constitutional violation under the 4TH Amendment?.

Whether the court finds that the moving party did not receive notice under Federal Rule 77(d) for the entry of the judgment or order sought to be appealed within 21 days after entry; and the failure to inform the defendant of his right to appeal and his right to have counsel appointed on appeal (if indigent) is in violation of the defendant's Constitutional rights under the 14 Amendment by depriving the defendant the right to a Direct Appeal, due process?. SEE ROe vs. Flores-Ortega

Whether this practice by depriving a defendant a procedural right to Direct Appeal, Post Conviction motion, because of the defendant lack of Knowledge of the law and the failure of counsel to inform client of that right is ineffective assistance of counsel and in violation for defendant's 6TH Amendment Constitutional rights see Roe vs Flores-Ortega and Gilberto Garza, Jr. Petitioner v. Idaho No. 17-1026

Question Presented (AI Summary)

Whether the defendant's constitutional rights were violated by the court's failure to appoint counsel and provide adequate assistance of counsel

Docket Entries

2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-11
Waiver of right of respondent United States to respond filed.
2019-10-07
Motion (19M3) for leave to proceed as a veteran Denied.
2019-07-03
MOTION (19M3) DISTRIBUTED for Conference of 10/1/2019.
2019-06-10
Motion (19M3) for leave to proceed as a veteran filed.
2019-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2019)

Attorneys

Frank D. Monsegue, Sr.
Frank D. Monsegue Sr. — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent