No. 20-6831

David Garcia v. United States

Lower Court: Sixth Circuit
Docketed: 2021-01-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-court constitutional-rights criminal-procedure direct-appeal duty-to-adjudicate existing-record ineffective-assistance ineffective-assistance-of-counsel merits sixth-amendment
Key Terms:
HabeasCorpus CriminalProcedure Privacy
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether a circuit court of appeals has a duty to adjudicate the merits of a Sixth Amendment ineffective-assistance-of-counsel claim raised by a defendant desiring a ruling solely on the basis of the existing record in a direct appeal

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether a circuit court of appeals has a duty to adjudicate the merits of a Sixth Amendment ineffective assistance of counsel claim raised by a defendant desiring a ruling solely on the basis of the existing record in a direct appeal? i

Docket Entries

2021-02-22
Petition DENIED.
2021-01-21
DISTRIBUTED for Conference of 2/19/2021.
2021-01-15
Waiver of right of respondent United States to respond filed.
2020-12-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2021)

Attorneys

David Garcia
Dennis C. Belli — Petitioner
Dennis C. Belli — Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent