No. 20-5498

John Silvia, Jr. v. United States

Lower Court: First Circuit
Docketed: 2020-08-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: attorney-performance client-representation criminal-procedure discovery evidence-preservation exculpatory-evidence expert-consultation expert-witness ineffective-assistance ineffective-assistance-of-counsel subpoena witness-interview
Latest Conference: 2020-10-09
Question Presented (from Petition)

This case raises the question of whether an attorney can be found to
have rendered effective assistance of counsel where he failed to review a
significant portion of discovery, failed to interview and call witnesses
provided by a defendant who asserted the witnesses would provide
exculpatory evidence, failed to consult and call an expert at trial to support
the defense where the government called an expert witness and the jury
instructions involved securities laws, failed to subpoena, preserve and obtain
evidence that the defendant informed was exculpatory and went to the heart
of the matter, and where the attorney created an adversarial relationship
with his client that prevented him from adequately and zealously
representing his client, and in consequence, impeded the attorney from
properly preparing his client to testify at his first trial.

Question Presented (AI Summary)

Whether an attorney provided effective assistance of counsel

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-16
Waiver of right of respondent United States of America to respond filed.
2020-08-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2020)

Attorneys

John Silvia, Jr
Henry BrennanBrennan & Associates, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent