No. 19-7048

Bernardo Costa v. Missouri

Lower Court: Missouri
Docketed: 2019-12-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence constitutional-right due-process habeas-corpus ineffective-assistance-of-counsel new-evidence post-conviction-proceedings post-conviction-relief state-criminal-procedure
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether a defendant has a federal constitutional right to effective assistance of first post-conviction counsel

Question Presented (OCR Extract)

QUESTION(S) PRESENTED. : 1. Whether a defendant in a state criminal case who is prohibited by state law from raising on direct appeal any claim of ineffective assistance of trial counsel, but who has a state-law right to raise such claim in a first post-conviction proceeding, has a federal constitutional right to effective assistance of first post-conviction counsel ‘specifically with respect to his claim? 2.Whether "new" evidence in relation to the actual innocence gateway for the purpose of due prosess in habeas cases is defined as [all reliable evidence that was not presented at trial, even if it would have been available through the excercise of due dilligence], OR is it [evidence that was discovered post-conviction and it could not have been discovered prior to trial through the excercise of due dilligence? ii .

Docket Entries

2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2019-12-26
Waiver of right of respondent State of Missouri to respond filed.
2019-12-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2020)

Attorneys

Bernardo Costa
Bernardo Costa — Petitioner
Bernardo Costa — Petitioner
State of Missouri
Caroline Marie CoulterMissouri Attorney General's Office, Respondent
Caroline Marie CoulterMissouri Attorney General's Office, Respondent