No. 20-7658

Johnny Rice v. Frank Vanihel, Warden

Lower Court: Seventh Circuit
Docketed: 2021-04-05
Status: Denied
Type: IFP
IFP
Tags: civil-rights criminal-procedure due-process franks-v-delaware ineffective-assistance standing
Latest Conference: 2021-06-03
Question Presented (from Petition)

Was trial counsel ineffective when he failed to suppress the affidavit due to the insufficiency of Count I and A, Rape, and when counsel failed to seek a Franks hearing pursuant to Franks v. Delaware, 439 U.S. 154, 65-50(1998), due to the patent reckless disregard for the truth opposing the affidavit

Was trial counsel ineffective for not deliberating the insufficiency of Count I and A, Rape, and when counsel failed to Motion to Strike the insufficiency of Count I and A, Rapes.

Was Petitioner wrongfully charged with Count I and A Rape.

Question Presented (AI Summary)

Was trial counsel ineffective when he failed to suppress the affidavit due to the insufficiency of Count I and Rape, and when counsel failed to seek a Franks hearing pursuant to Franks v. Delaware, 438 U.S. 154, 155-56 (1978), due to the patent reckless disregard for the truth opposing the consent statement that was the basis of the affidavit?

Docket Entries

2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 5, 2021)

Attorneys

Johnny Rice
Johnny Rice — Petitioner