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
Latest Conference: 2020-11-06
Question Presented (from Petition)

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?

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?

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