No. 20-8293

Louis John Fontanez v. United States

Lower Court: Eighth Circuit
Docketed: 2021-06-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: §2255-motion 21-usc-841 but-for-causation criminal-procedure due-process expert-witness expert-witnesses habeas-corpus ineffective-assistance-of-counsel penalty-enhancement
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Was counsel constitutionally ineffective because he failed to consult or hire expert witnesses to investigate the but-for causation of the victim's injury in a case where the petitioner faced the 'death or serious bodily injury results' penalty enhancement under 21 U.S.C. § 841(b)(1)(C)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Was counsel constitutionally ineffective because he failed to consult or hire expert witnesses to investigate the but-for causation of the victim's injury in a case where the petitioner faced the "death or serious bodily injury results" penalty enhancement under 21 U.S.C. § 841(b)(1)(C)? Did the lower courts commit reversible error by using the performance of the. co-defendant's counsel to deny the petitioner's § 2255 claim of ineffective assistance Of counsel? ; Did the lower court commit reversible error when tHey denied the Petitioner's § 2255 motion based ufon the probable guilty verdict at trial rather than tle liklihood that the petitioner wuld Have pleaded guilty in a case involving a guilty lea? Was the fetitioner's guilty plea sustained in violation of due process warranting habeas relief where the district court repeatedly denied the petitioner's motions ; for the discovery needed to meet the circuit's threshold to show prejudice in a _ § 2255 ‘failure to hire experts! claim? Or alternatively, is the Highth Circuit's requirement that a prisoner Hire their own expert to present testimony to support a ‘failure to hire experts’ § 2255 ineffective assistance of counsel claim so burdensome tHat it resulted in tHelower court’ sustaining the petitioner's guilty plea in violation of due process warranting habeas relief? Did the courts below commit reversible error by denying petitioner's § 2255 ineffective assistance of counsel claims without conducting an evidentiary hearing? Did the lower courts commit reversible error by denying a Certificate of Appealability regarding the petitioner's § 2255 ineffective assistance of counsel claims? -i,

Docket Entries

2021-10-04
Petition DENIED.
2021-06-24
DISTRIBUTED for Conference of 9/27/2021.
2021-06-17
Waiver of right of respondent United States to respond filed.
2021-05-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 14, 2021)

Attorneys

Louis John Fontanez
Louis John Fontanez — Petitioner
Louis John Fontanez — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent