No. 20-6880

Victor Esquivel, aka Youngster v. United States

Lower Court: Fifth Circuit
Docketed: 2021-01-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: anders-brief constructive-denial criminal-procedure direct-appeal ineffective-assistance ineffective-assistance-of-counsel no-merit-brief preserved-objections right-to-counsel right-to-effective-assistance-of-counsel
Key Terms:
HabeasCorpus
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether Esquivel's Right to Counsel Was Constructively Denied

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW A. Whether Esquivel’s Right to Counsel Was Constructively Denied When, in the District Court, Esquivel Moved for a New Trial and Requested New Counsel Based on Ineffective Assistance of Counsel, but That Same Attorney Was Appointed to Represent Esquivel on Direct Appeal, and That Attorney Filed No-merit Brief Insuring That the Convictions and Sentence Would Be Affirmed. B. Whether Esquivel’s Right to the Effective Assistance of Counsel Was Violated on Direct Appeal When Counsel Failed to Follow the Dictates of Anders v. California, Ignored Preserved Objections and Arguments, and Advocated Against Mr. Esquivel Receiving Relief. 1

Docket Entries

2021-02-22
Petition DENIED.
2021-01-21
DISTRIBUTED for Conference of 2/19/2021.
2021-01-19
Waiver of right of respondent United States to respond filed.
2021-01-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2021)

Attorneys

United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent
Victor Esquivel
Matthew McGavock RobinsonRobinson & Brandt, PSC, Petitioner
Matthew McGavock RobinsonRobinson & Brandt, PSC, Petitioner