No. 20-7378

Israel Ernesto Palacios v. United States

Lower Court: Fourth Circuit
Docketed: 2021-03-09
Status: Denied
Type: IFP
IFP
Tags: case-law-interpretation circuit-split constitutional-claim criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel legal-foreshadowing strickland-standard strickland-v-washington
Key Terms:
FifthAmendment DueProcess Takings
Latest Conference: 2021-06-17
Question Presented (AI Summary)

To what extent must a claim be 'sufficiently foreshadowed in existing case law' for counsel's failure to raise that claim to constitute deficient performance under Strickland v. Washington?

Question Presented (OCR Extract)

Question Presented This case presents a question on which the circuit courts are split: to what extent must a claim to be “sufficiently foreshadowed in existing case law,” United States v. Morris, 917 F.3d 818, 823 (4th Cir. 2019), such that counsel’s failure to raise that claim constitutes deficient performance under Strickland v. Washington, 466 U.S. 668 (1984)? i

Docket Entries

2021-06-21
Petition DENIED.
2021-06-02
DISTRIBUTED for Conference of 6/17/2021.
2021-05-26
Reply of petitioner Israel Ernesto Palacios filed.
2021-05-21
Brief of respondent United States in opposition filed.
2021-05-03
Motion to extend the time to file a response is granted and the time is further extended to and including May 21, 2021.
2021-04-30
Motion to extend the time to file a response from May 10, 2021 to May 21, 2021, submitted to The Clerk.
2021-04-01
Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2021.
2021-03-31
Motion to extend the time to file a response from April 8, 2021 to May 10, 2021, submitted to The Clerk.
2021-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2021)

Attorneys

Israel Ernesto Palacios
Thomas Vernon BurchUniversity of Georgia School of Law, Appellate Litigation Clinic, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent