No. 19-6550

Christian James Gieseke v. United States

Lower Court: Fifth Circuit
Docketed: 2019-11-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-U.S.C-2255 28-usc-2255 6th-amendment counsel-misfeasance defenses duty-to-mitigate evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel post-conviction pretrial-detainee
Key Terms:
HabeasCorpus
Latest Conference: 2019-12-06
Question Presented (AI Summary)

When a post-conviction movant proceeding under 28-U.S.C-2255 raises claims which would entitle him to relief, does the lack of proffered evidence negating defenses constitute a basis for denying an evidentiary hearing?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. When a post-conviction movant proceeding under 28 U.S.C. § 2255 raises ; claims which, if true, would entitle him to relief, does the fact that movant does not proffer evidence negating possible defenses constitute a basis for denying movant an evidentiary hearing? 2. Does an incarcerated pretrial detainee have a duty to act to mitigate counsel’s misfeasance, the failure to perform which serves to waive the post-conviction right to assert a 6 Amendment claim for ineffective assistance of counsel? i

Docket Entries

2019-12-09
Petition DENIED.
2019-11-21
DISTRIBUTED for Conference of 12/6/2019.
2019-11-18
Waiver of right of respondent United States to respond filed.
2019-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 12, 2019)
2019-07-01
Application (19A10) granted by Justice Alito extending the time to file until September 8, 2019.
2019-06-26
Application (19A10) to extend the time to file a petition for a writ of certiorari from July 10, 2019 to September 8, 2019, submitted to Justice Alito.

Attorneys

Christian James Gieseke
Christian James Gieseke — Petitioner
Christian James Gieseke — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent