No. 21-5317

Mauricio Melendez v. Renee Baker, Warden

Lower Court: Nevada
Docketed: 2021-08-09
Status: Denied
Type: IFP
IFP
Tags: attorney-concession criminal-autonomy criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel right-to-defense stare-decisis supreme-court-precedent
Key Terms:
HabeasCorpus Privacy
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Whether the right to secured autonomy over one's defense requires express objection to an attorney's concession of guilt

Question Presented (from Petition)

QUESTION PRESENTED In 2018, this Court decided McCoy v. Louisiana, 138 S.Ct. 1500 (2018), recognizing a criminal defendant’s right to secured autonomy over his defense. Within a year of that decision, Petitioner Mauricio Melendez, filed a new state petition for writ of habeas corpus (post-conviction) alleging this right was violated when his trial attorney conceded guilt to manslaughter without his consent. On appeal, the Nevada Supreme Court held McCoy did not apply because Melendez did not expressly object to his attorney’s concession. This Court should grant certiorari on the following question: 1. Whether, under McCoy v. Louisiana, defendants must expressly object to an attorney’s concession of guilt in order to assert their right to secured autonomy over their defense? i

Docket Entries

2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-08-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2021)

Attorneys

Mauricio Melendez
Courtney Brooke KirschnerFederal Public Defender, District of Nevada, Petitioner
Courtney Brooke KirschnerFederal Public Defender, District of Nevada, Petitioner