No. 19-6998

Patrick Kofalt v. United States

Lower Court: Third Circuit
Docketed: 2019-12-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2255-motion conflict-of-interest due-process plea-agreement fourth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-procedure judicial-shell-game nix-v-whiteside plea-agreement sixth-amendment
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-01-24
Question Presented (AI Summary)

Does controlling authority from the Supreme Court in Nix v. Whiteside, 475 US 157 (1986), hold that all ineffective assistance of counsel waivers are per se invalid because they violate the Sixth Amendment's right to conflict-free representation?

Question Presented (OCR Extract)

Questions Presented : DATE: 12/10/2019 10:01:39 PM Lo QUESTIONS PRESENTED 1. Does controlling authority from the Supreme Court in Nix v. Whiteside, 475 US 157 (1986), hold that all ineffective assistance of counsel waivers are per se invalid because they violate the Sixth Amendment's right to conflict-free representation? Il. Did the Western District of Pennsylvania and the Third Circuit Court of Appeals engage in an elaborate judicial shell game to avoid an adjudication on the merits of Petitioner's 2255 motion? III. Did both lower courts err by completely ignoring controlling authority from this Court in Lee v. United States, 137 S.Ct. 1958 (2017) regarding Petitioner's plea agreement not being knowing and voluntary? IV. Did the District Court biasedly achieve a pre-determined end result by completely ignoring a staggering amount of uncontested new evidence and controlling authority regarding Petitioner receiving ineffective assistance of counsel in litigating his motion to suppress evidence in violation of the Fourth Amendment?

Docket Entries

2020-01-27
Petition DENIED.
2020-01-09
DISTRIBUTED for Conference of 1/24/2020.
2019-12-30
Waiver of right of respondent United States to respond filed.
2019-12-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2020)

Attorneys

Patrick Kofalt
Patrick Joseph Kofalt — Petitioner
Patrick Joseph Kofalt — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent