No. 20-5250

Oscar Armando Avila-Jaimes v. United States

Lower Court: Fifth Circuit
Docketed: 2020-08-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 andrus-precedent evidentiary-hearing fifth-circuit fifth-circuit-review habeas-corpus ineffective-assistance-of-counsel ineffective-counsel strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Should a writ of certiorari be granted since the Fifth Circuit's decision in not remanding to the lower court was contrary to precedent of this court which required an evidentiary hearing according to Title 28 U.S.C. § 2255

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Should a writ of certiorari be granted since the Fifth Circuit’s decision in not remanding to the lower court was contrary to precedent of this court which required an evidentiary hearing according to Title 28 U.S.C. § 2255. 2. Should a writ of certiorari be granted to determine if an audio recording that is not part of the court file from a District Court’s Magistrate hearing suffice to support this court’s standard in Strickland v. Washington, 466 U.S. 668 (1984) or is more needed on the record. 3. Does an attorney’s lies to the court during change of plea hearing, that are not part of the court file, per-se, be relied upon by to support a Strickland v. Washington, 466 U.S. 668 (1984) decision or is more needed on the record. 4. In light of this Court’s decision in Andrus v. Texas, 140 S. Ct. 1875 (2020), did counsel fail to prepare for Avila-James sentencing hearing. ii

Docket Entries

2020-10-05
Petition DENIED.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-07
Waiver of right of respondent United States to respond filed.
2020-07-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 3, 2020)

Attorneys

Oscar Armando Avila-Jaimes
Oscar Armando Avila-Jaimes — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent