No. 20-5962

Erik Diaz-Colon v. United States

Lower Court: First Circuit
Docketed: 2020-10-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights-conspiracy constitutional-rights constructive-amendment deprivation-of-rights ineffective-assistance plea-agreement right-to-testify trial-counsel
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-11-06
Question Presented (AI Summary)

Whether petitioner's trial counsel rendered ineffective assistance

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. WHETHER PETITIONER'S TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE BY FAILING TO ADVISE HIM OF HIS RIGHT TO TESTIFY AT TRIAL? II. WHETHER PETITIONER'S TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE BY ; FAILING TO OBJECT TO THE DISTRICT COURT'S CONSTRUCTIVE AMENDMENT OF THE INDICTMENT AS TO THE CIVIL RIGHTS CONSPIRACY OFFENSE, UNDER 18 U.S.C. SECTION 241(COUNT FIVE); AND THE AIDING AND ABETTING FOR DEPRIVING THE VICTIM OF HIS RIGHT AND PRIVILEGES BY THE CONSTITUTION, UNDER 18 U.S.C.S. SECTION 242(COUNT SIX), DURING THE JURY INSTRUCTIONS? III. WHETHER PETITIONER'S TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE BY PROVIDING DEFICIENT, INACCURATE, AND ERRONEOUS LEGAL ADVISE DURING THE PLEA AGREEMENT PHASE WHICH LEAD TO THE GOVERNMENT WITHDRAWING ITS PLEA AGREEMENT, THUS, PROCEEDING TO THE JURY TRIAL WHERE HE WAS CONVICTED OF ALL CHARGES AND RECEIVED A MUCH GREATER SENTENCE THAN OFFERED IN THE GOVERNMENT'S PLEA AGREEMENT? i

Docket Entries

2020-11-09
Petition DENIED.
2020-10-22
DISTRIBUTED for Conference of 11/6/2020.
2020-10-19
Waiver of right of respondent United States to respond filed.
2020-09-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2020)

Attorneys

Erik Diaz-Colon
Erik Diaz-Colon — Petitioner
Erik Diaz-Colon — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent