No. 20-5465

In Re Francisco Felix

Lower Court: N/A
Docketed: 2020-08-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-3231 actual-innocence cause-and-prejudice constitutional-violations criminal-procedure ineffective-assistance-of-counsel jury-instructions procedural-default subject-matter-jurisdiction
Key Terms:
DueProcess
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the government's defense, jury instructions, and denial of counsel were prejudicial

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) WHETHER THE GOVERNMENT'S UNAVAILING DEFENSE OF THE INDEFENSIBLE, WITH RESPECT TO THE INDICTMENT, INADEQUATE JURY INSTRUCTIONS, AND THE CONSTRUCTIVE DENIAL OF COUNSEL WERE CLEARLY PREJUDICIAL TO FRANCISCO FELIX, WHICH BY ANY STANDARD OF REVIEW, THE COURT SHOULD ALSO FIND DEFENDANT'S COUNSEL HOPELESSLY DEFICIENT. (2) WHETHER PETITIONER FRANCISCO FELIX'S INVOCATION OF THE "ACTUAL INNOCENCE" AND THE "CAUSE AND PREJUDICE" DOCTRINES, ALLOWS THE SUPREME COURT TO ENTERTAIN ANY PROCEDURALLY DEFAULTED CLAIMS PRESENTED BY FRANCISCO FELIX. (3) WHETHER BY REASON OF THE NUMEROUS CONSTITUTIONAL VIOLATIONS COMMITTED BY THE DISTRICT COURT, IT EFFECTIVELY LOST SUBJECT MATTER JURISDICTION UNDER THE POWERS GRANTED IT BY CONGRESS PURSUANT TO 28 U.S.C.. 3231 TO TRY FRANCISCO FELIX. {

Docket Entries

2020-10-05
Petition DENIED.
2020-09-03
DISTRIBUTED for Conference of 9/29/2020.
2020-08-27
Waiver of right of respondent United States to respond filed.
2020-04-29
Petition for a writ of prohibition and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2020)

Attorneys

Francisco Felix
Francisco Felix — Petitioner
Francisco Felix — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent