No. 19-6659

In Re Arturo Rodriguez Ornalez

Lower Court: N/A
Docketed: 2019-11-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-violations criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-negotiations rule-11 sentencing structural-error
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether Constitution and statutory provisions and Rule 11 violations may have rendered Arturo Rodriguez Ornalez's sentence and conviction constitutionally untenable

Question Presented (OCR Extract)

QUESTION(S) PRESENTED FOR REVIEW WHETHER CONSTITUTION AND STATUTORY PROVISIONS AND RULE 11 VIOLATIONS MAY HAVE RENDERED ARTURO RODRIGUEZ ORNALEZ'S SENTENCE AND CONVICTION CONSTITUTIONALLY UNTENABLE. (2) WHETHER FAILURE OF ORNALEZ’S COUNSEL TO CHALLENGE THE RATIONALE FOR THE SUPERSEDING INDICTMENT, WITH TWO PROSECUTORS AND NO SIGNATURE OF THE FORMAN IN THE SUBSEQUENT SUPERSEDING INDICTMENTS. ALSO IN HIS ANDERS BRIEF HE MISTATES THE LAW. THE RAMIFICATIONS OF THIS ERROR IS FAR-REACHING, CONSTITUTING INEFFECTIVE ASSISTANCE OF COUNSEL AT BEST, AT WORST, CONSTRUCTIVE DENIAL OF COUNSEL, AT CRITICAL STAGES OF THE PLEA NEGOTIATIONS AND SENTENCING, CONSTITUTING STRUCTURAL ERROR.

Docket Entries

2020-01-13
Petition DENIED.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-11-26
Waiver of right of respondent United States to respond filed.
2019-10-28
Petition for a writ of prohibition and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2019)

Attorneys

Arturo Rodriguez Ornalez
Arturo Rodriguez Ornalez — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent