No. 19-7054
Philip Rogers v. Debbie Asuncion, Warden
Response WaivedIFP
Tags: constitutional-rights criminal-defense criminal-procedure drug-use evidence foreseeability ineffective-assistance reasonable-doubt trial-strategy vehicular-homicide
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2020-02-21
Question Presented (AI Summary)
Did the failure to introduce evidence that the pedestrian had cocaine in her system render counsel's assistance constitutionally ineffective?
Question Presented (OCR Extract)
QUESTION PRESENTED Philip Rogers was driving after several drinks. Ahead of him a woman was jaywalking, possibly obscured by two bicyclists also crossing. When he saw the woman he tried to avoid her. But she stepped back into the path of the car, which fatally struck her. Though Rogers’s defense counsel learned that the pedestrian had cocaine in her system, he failed to introduce that fact at trial to prove that her conduct was unforeseeable. Did this failure render counsel’s assistance constitutionally ineffective?
Docket Entries
2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2020-01-08
Waiver of right of respondent Debbie Asuncion 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 22, 2020)
Attorneys
Debbie Asuncion
Taylor Thuy Nguyen — California Attorney General's Office, Respondent
Philip Rogers
Michael T. Drake — Office of the Federal Public Defender, Petitioner