No. 21-6716

Fernando Romero v. Neil McDowell, Warden

Lower Court: Ninth Circuit
Docketed: 2021-12-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion counsel-appointment district-court-discretion expert-opinion ineffective-assistance investigation pro-se right-to-counsel state-court-claim
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether the district court abused its discretion by denying petitioner's motion to appoint counsel

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the district court abused its discretion by denying petitioner’s motion to appoint counsel when petitioner presented a substantial claim of ineffective assistance at trial, did not have the assistance of counsel in presenting the claim to the state court, and the claim could have been significantly strengthened with the addition of expert opinion and investigation not available to a pro se petitioner? 1 PARTIES AND LIST OF PRIOR PROCEEDINGS The parties to this proceeding are Petitioner Fernando Romero and Respondent Neil McDowell, Warden of Ironwood State Prison in Blythe, California. The California Attorney General represents Respondent. Romero was convicted in Los Angeles County Superior Court following a jury trial in People v. Eric DeLaCruz, case no. YA07478-02, Judge James R. Brandlin, presiding, in 2011. The case involved two defendants: Fernando Romero and Eric DeLaCruz. The California Court of Appeal affirmed Romero’s conviction on appeal in People v. Fernando Romero, No. B232533, on January 15, 2013. Petitioner’s

Docket Entries

2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2022-01-11
Waiver of right of respondent Neil McDowell, Warden to respond filed.
2021-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 24, 2022)

Attorneys

Fernando Romero
Tracy CasadioOffice of the Federal Public Defender, Petitioner
Neil McDowell, Warden
Herbert S. TetefAttorney Gene. of California, Respondent