No. 20-6079

In Re Dale McKenzie

Lower Court: N/A
Docketed: 2020-10-20
Status: Denied
Type: IFP
IFP
Tags: constitutional-violation conviction-challenge criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prejudice-standard sentencing sentencing-error trial-court-discretion unconstitutional-law void-conviction
Key Terms:
DueProcess Privacy
Latest Conference: 2020-11-06
Question Presented (AI Summary)

Has prejudice been shown where the trial court overruled the defendant's motion for continuance to show that his prior Georgia conviction was void, and defendant required additional time to show that his conviction was obtained under an unconstitutional law?

Question Presented (OCR Extract)

QUESTIONS PRESENTED GROUND ONE 1. Has prejudice been shown where the trial court overruled the defendant's motion for continuance to show that his prior Georgia conviction was void, and defendant required additional time to show that his conviction was obtained under an unconstitutional law? 2. Has prejudice been shown where the trial court has sentenced the defendant to an extended term of imprisonment based upon a statute that was later declared unconstitutional? GROUND TWO 1. Consistent with the holding in Strickland v. Washington, 466 U.S. 668 (1984), which held that to prove prejudice on a claim of ineffective assistance of counsel, a defendant must show that "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Has prejudice been shown where defense counsel failed to move for a rehearing, transfer or otherwise correct the court's conclusion that appellant had been convicted of "forcible" sodomy in Georgia because he was also convicted of rape, which was factually incorrect? i

Docket Entries

2020-11-09
Petition DENIED.
2020-10-22
DISTRIBUTED for Conference of 11/6/2020.
2020-10-15
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Dale McKenzie
Dale McKenzie — Petitioner
Dale McKenzie — Petitioner