Charles Ahumada v. United States
HabeasCorpus
Should the constitutional right to counsel exist for petitions for panel rehearing and rehearing en banc in a Circuit Court, after an adverse opinion and judgment have been filed?
QUESTION PRESENTED 1. It is settled that criminal defendants have the constitutional right to counsel on direct appeal as of right, up to the point at which an appellate court files an opinion and judgment. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Ross v. Moffitt, 417 U.S. 600, 607 (1974). It is equally settled that they do not have that right for filing petitions of writ for certiorari to this Court. Austin v. United States, 513 U.S. 5, 8 (1994). There is an unsettled circuit split as to whether the right to counsel exists for petitions for panel rehearing and rehearing en banc in a Circuit Court, after an adverse opinion and judgment have been filed. Should the constitutional right to counsel exist for such petitions? i STATEMENT OF