No. 20-5179

Alberto Guillen v. Patrick McTighe, et al.

Lower Court: Ninth Circuit
Docketed: 2020-07-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 5th-amendment 6th-amendment actual-innocence constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-involuntariness witness-investigation
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Question not identified

Question Presented (OCR Extract)

QUESTION(S) PRESENTED oe 1) Is the complete failure to investigate potentially corroborating witness (the victim Roberto Guillen) be considered and accepted as a tactical decision,and not ineffective assistance of counsel and actions (above) does not violate the petitioner's U.S. constitutional rights Amendments 5,6,and 14? ; 2) Was the defendant's plea involuntary, after.considering that the attorney failed to investigate any of the witnesses which inclueded alibi witness (the victim Roberto Guillen), who signed an affidavit stating,the incident was an accident,and testitestified that the incident was an accident? 3) Was it ineffective assistance of counsel when counsel failed to ; investigate witnesses (which includes the victim Roberto Guillen) before sentencing? 7 4) Did the United States court of appeals decide an important question of federal law in error and in a way that conflicts with relevent decisions of this court when deciding not to apply and overlook the ‘Schlup actual innocence inquiry,and constitutional error in this case. i¢ .

Docket Entries

2020-10-05
Petition DENIED.
2020-08-27
DISTRIBUTED for Conference of 9/29/2020.
2020-08-14
Waiver of right of respondent Patrick McTighe, et al. to respond filed.
2020-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2020)

Attorneys

Alberto Guillen
Alberto Guillen — Petitioner
Alberto Guillen — Petitioner
Patrick McTighe, et al.
Matthew Thompson CochenourState of Montana - Department of Justice Attorney General's Office, Respondent
Matthew Thompson CochenourState of Montana - Department of Justice Attorney General's Office, Respondent