No. 20-707

Duane Joseph Johnson v. Eric D. Wilson, Warden

Lower Court: District of Columbia
Docketed: 2020-11-23
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: appellate-counsel brady-standard brady-v-maryland due-process habeas habeas-corpus ineffective-assistance preponderance-standard strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-01-08 (distributed 2 times)
Question Presented (AI Summary)

Must a habeas petitioner asserting ineffective assistance of appellate counsel establish by a preponderance that counsel's omitted argument was meritorious?

Question Presented (OCR Extract)

QUESTIONS PRESENTED : 1. Must a habeas petitioner asserting ineffective assistance of appellate counsel estab. lish by a preponderance that counsel’s omitted argument was meritorious? 2. Did the D.C. Circuit misapply Brady v. Maryland, 373 U.S. 88 (1963) and Strickland v. Washington, 466 U.S. 668 (1984) when it rejected Petitioner’s claims? ) (I) RELATED CASES ; Johnson v. Wilson, No. 18-5350, U.S. Court of Appeals for the D.C. Circuit. Order entered May 29, 2020. Johnson v. Wilson, No. 10-cv-00178, U.S. District Court for the District of Columbia. Order entered Oct. 25, 2018. Johnson v. United States, No. 11-CO-000722, District of Columbia Court of Appeals. Order entered June 18, 2012. Johnson v. Stansberry, No 10-5346, U.S. Court of Appeals for the DC Circuit. Order entered May 11, 2011. Johnson v. United States, No. 10-CO-000357, District of Columbia Court of Appeals. Order entered Nov. 15, 2010. Johnson v. United States, No. 09-CO-001124, District of Columbia Court of Appeals. Order entered Nov. 18, 2009. : Johnson v. United States, No. 09-OA-0026, District of Columbia Court of Appeals. Order entered July 27, 2009. Johnson v. United States, No. 08-CO-001180, District of Columbia Court of Appeals. Orders entered Mar. 31, 2009 and June 12, 2009. Johnson v. United States, No. 1:06-cv-00453-UNA, U.S. District Court for the District of Columbia. Orders entered Mar. 10, 2006 and May 15, 2006. Johnson v. United States, No. 99-CO-000978, District of Columbia Court of Appeals. Judgment entered Aug. 17, 2001. Johnson v. United States, No. 95-CF-000364, District of Columbia Court of Appeals. Judg_ ment entered June 25, 1996. Orders entered Oct. 30, 1996; Apr. 8, 1997; June 6, 2007; Aug. 30, 2007, Nov. 5, 2008. United States v. Johnson, No. 1994-FEL-004696, Superior Court of the District of Columbia. Judgments entered Mar. 15, 1995. Judgment amended Aug. 8, 1996. Orders entered (ID ‘ Oct. 2, 1996; June 29, 1999; Aug. 20, 2002; May 8, 2007; Aug. 19, 2008; Aug. 25, 2009; Feb. 14, 2010; May 27, 2011; and Feb. 7, 2020. (III)

Docket Entries

2021-01-11
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2020-12-09
DISTRIBUTED for Conference of 1/8/2021.
2020-12-02
Waiver of right of respondent Wilson, Eric to respond filed.
2020-11-23
Motion (20M40 for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted. Justice Kagan took no part in the consideration or decision of this motion.
2020-11-04
MOTION (20M40) DISTRIBUTED for Conference of 11/20/2020.
2020-10-26
Motion (20M40) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2020-10-26
Petition for a writ of certiorari filed. (Response due December 23, 2020)

Attorneys

Duane Joseph Johnson
Alex Young K. OhPaul, Weiss, Rifkind, Wharton & Garrison LLP, Petitioner
Wilson, Eric
Jeffrey B. WallActing Solicitor General, Respondent