No. 20-6634

In Re Karen Denise Chades

Lower Court: N/A
Docketed: 2020-12-15
Status: Denied
Type: IFP
IFP
Tags: collateral-proceedings constitutional-law constitutional-right due-process ineffective-assistance ineffective-assistance-of-counsel retroactive-application retroactivity strickland-v-washington teague-v-lane trial-counsel
Key Terms:
DueProcess Takings HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-01-08
Question Presented (AI Summary)

whether a prisoner has a right to effective counsel in collateral proceedings which provide the first occasion to raise a claim of ineffective assistance at trial

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. This case necessitates an answer to a question of constitutional first law left open in Coleman v. Thompson, 501 U.S. 722 (1991), and again in Martinez v. Ryan, 566 U.S. 1 (2012): “whether a prisoner has a right to effective counsel in collateral proceedings which provide the first occasion to raise a claim of ineffective assistance at trial.” Id., at 8. 2. And if so, whether this new rule of constitutional law should be applied retroactively to final judgments. Teague v. Lane, 489 U.S. 288 (1989). 3. Or, should the Court elect to decide petitioner’s ineffective assistance claim in the first instance, the question is whether petitioner received constitutionally deficient representation at her state trial. Strickland v. Washington, 466 U.S. 668 (1984). i

Docket Entries

2021-01-11
Petition DENIED.
2020-12-17
DISTRIBUTED for Conference of 1/8/2021.
2020-11-20
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Karen Chades
Stephan Joseph WillmsLaw Offices of the Public Defender, San Bernardino County, California, Petitioner