No. 19-6204

James Michael Biela v. Nevada

Lower Court: Nevada
Docketed: 2019-10-08
Status: Denied
Type: IFP
IFP
Tags: appellate-counsel appellate-procedure constitutional-amendments due-process fourteenth-amendment impartial-jury ineffective-assistance-of-counsel jury-impartiality jury-selection sixth-amendment standard-of-review
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Whether the Nevada Supreme Court committed error when it applied the wrong standard in failing to grant Mr. Biela relief based upon an unfair and impartial jury impaneled and the failure of appellate counsel to raise this issue on direct appeal in violation of the Fifth, Sixth and Fourteenth Amendments to the United States Constitution

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether the Nevada Supreme Court committed error when it applied the wrong standard in failing to grant Mr. Biela relief based upon an unfair and impartial jury impaneled and the failure of appellate counsel to raise this issue on direct appeal in violation of the Fifth, Sixth and Fourteenth Amendments to the United States Constitution. CAPITAL CASE i

Docket Entries

2019-12-09
Petition DENIED.
2019-11-21
DISTRIBUTED for Conference of 12/6/2019.
2019-11-20
Reply of petitioner James Biela filed. (Distributed)
2019-11-07
Brief of respondent State of Nevada in opposition filed.
2019-10-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 7, 2019)

Attorneys

James Biela
Christopher R. OramChristopher R. Oram, LTD, Petitioner
Christopher R. OramChristopher R. Oram, LTD, Petitioner
State of Nevada
Jennifer Patricia NobleWashoe County District Attorney, Respondent
Jennifer Patricia NobleWashoe County District Attorney, Respondent