No. 20-5135

James Bowell v. State Bar of California

Lower Court: California
Docketed: 2020-07-22
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 6th-amendment criminal-procedure double-jeopardy habeas ineffective-assistance ineffective-assistance-of-counsel parole-revocation parolee sentencing sentencing-enhancement statutory-maximum
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2020-11-13 (distributed 2 times)
Question Presented (AI Summary)

Whether a court-appointed attorney's refusal to present an issue on habeas where the court could impose no sentence other than the statutory maximum for a parolee's revocation violates the 6th Amendment's right to effective assistance of counsel

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Would it be considered a 6th Amendment deprivation violation ineffective assistance of counsel for a court appointed attorney . refusing to present for a criminal defendant on habeas an issue where the superior court judge could impose no sentence other than Legislative Statute's maximum for a parolee's revocation while serving original crime of conviction, subject to certain limits specified in the Statute's? 2. If the specific "consequences" of a plea agreement is not explained to defendant by the original court judge at the time entered at issue, severe "punishments" the prior conviction used in this current offense unknown "consequences is it reversible error where the record did not disclose that defendant voluntarily and understand ingly entered his pleas of guilty, made without knowledge of the absurd "consequences"? ; 3. Where the acts of violation are criminal in their own right, would it raise a double jeopardy issue if the revocation of supervised release on parole was also "punishment" for the same offense, attributing postrevocation penalties to the original conviction? . 4. Was the superior court sentence of 25 years to life for failing to register as alleged sex offender unconstitutional and unenforceable that annexes a higher degree of "punishment" swelling the penalty above what the Legislative Statute's authorized maximun 180 days for a felony parolee's revocation under the Board of Parole Hearings jurisdiction? 5. Imposing a new "punishment" now confronted statutory sentencing enhancement that increased "punishment" associated with the initial offense and parole revocation. Does it trigger a new prosecution or does revoking parole constitute a part of the original crime sentence _ that I was still serving as a parolee? i

Docket Entries

2020-11-16
Rehearing DENIED.
2020-10-28
DISTRIBUTED for Conference of 11/13/2020.
2020-10-15
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-09-03
DISTRIBUTED for Conference of 9/29/2020.
2020-09-01
Waiver of right of respondent State Bar of California to respond filed.
2020-04-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2020)

Attorneys

James BoWell
James E. Bowell — Petitioner
State Bar of California
Robert G. RetanaThe State Bar of California, Respondent