No. 19-8213

Jesus Rodriguez v. Steven Johnson, Administrator, New Jersey State Prison, et al.

Lower Court: Third Circuit
Docketed: 2020-04-08
Status: Denied
Type: IFP
IFP
Tags: collateral-review cullen-v-pinholster due-process fair-trial habeas-corpus ineffective-assistance martinez-exception martinez-v-ryan pinholster-ruling sixth-amendment
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-06-04
Question Presented (AI Summary)

Whether receiving inadequate representation at a first collateral review proceeding triggers the exception of Martinez v. Ryan

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether receiving inadequate representation at a first collateral review proceeding that causes the material facts : of an ineffective assistance claim not to be fully developed triggers the exception of Martinez v. Ryan, 132 S.Ct. 1309 ; : (2012), despite this Honorable Court's ruling in Cullen v. Pinholster, 563 U.S. 170 (2011) requiring that federal review be confined to the record that was before the state court? . 2. Whether allowing a juror who had been intimidated by outsiders to remain on the jury is a denial of a fair trial and a violation of the Sixth Amendment? _ 3. Whether an attorney's failure to be present for three days during jury selection procedures constitutes ineffective assistance of counsel during a crucial stage? 4, Whether the exclusion of all Hispanics jurors but one, by a State attorney, is a Batson violation? 5. Whether an attorney's failure to advise his client of the right to testify which prevents the client from testifying and present his defense still constitutes ineffective assistance of counsel under precedents of this Honorable Court? 6. Whether Petitioner is entitled to a certificate of appealability ("COA") pursuant to the ruling of this Honorable Court in Buck v. Davis, 137 S. Ct. 759 (2017)? i .

Docket Entries

2020-06-08
Petition DENIED.
2020-05-20
DISTRIBUTED for Conference of 6/4/2020.
2020-02-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2020)

Attorneys

Jesus Rodriguez
Jesus Rodriguez — Petitioner
Jesus Rodriguez — Petitioner