No. 20-7316

Jose Luis Morales v. Stuart Sherman, Warden

Lower Court: Ninth Circuit
Docketed: 2021-03-03
Status: Denied
Type: IFP
IFP
Tags: appeal appellate-review district-court-discretion effective-counsel first-appeal post-conviction post-judgment-appeal sixth-amendment state-statutory-right statutory-right
Key Terms:
HabeasCorpus Immigration
Latest Conference: 2021-04-30
Question Presented (AI Summary)

Does the Sixth Amendment right to effective counsel on appeal apply to a case when the appeal takes place years after conviction and the defendant had a state statutory right to appeal a post judgment ruling and it was the defendant's first appeal?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Does the Sixth Amendment right to effective counsel on appeal apply to a case when the appeal takes place years after conviction and the defendant had a state statutory right to appeal a post judgment ruling and it was the defendant's first appeal? 2. Did the district court abuse its authority by not addressing state precedent used to rebut the assumption of a summary denial being on the merits as explained in Johnson v. Williams (2013) 568 US 289 and in Harrington v. Richter (2011) 562 US 86?

Docket Entries

2021-05-03
Petition DENIED.
2021-04-15
DISTRIBUTED for Conference of 4/30/2021.
2021-02-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 2, 2021)

Attorneys

Jose L. Morales
Jose Luis Morales — Petitioner
Jose Luis Morales — Petitioner