No. 21-7113

Gerald Wayne Jako, Jr. v. West Virginia

Lower Court: West Virginia
Docketed: 2022-02-15
Status: Denied
Type: IFP
IFP
Tags: conflict-of-interest criminal-representation cuyler-v-sullivan ineffective-assistance inside-job-theory plea-bargain presumption-of-prejudice sixth-amendment sixth-amendment-right-to-counsel staged-crime witness-unavailability
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-04-14
Question Presented (AI Summary)

Whether the standard enunciated in Cuyler v. Sullivan applies when a defendant objects to counsel's representation after a conflict is revealed

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Attorney Panepinto made two separate “eleventh hour” disclosures before trial, with the latter discussing his prior representation and social relationship with the owners of the robbed establishment. The jury, which contemplated whether the crime was “staged” was presented very little evidence of an “inside job” theory, A. Under the Sixth Amendment, is the standard enunciated in Cuyler v. Sullivan proper when the defendant objects to counsel's representation after the conflict is revealed? B. Under the Sixth Amendment, did Attorney Panepinto's representation create a weiss. . .-. .. Scenario mandating a presumption of prejudice given that more evidence ae reflecting a “staged” crime could have been presented? I. Petitioner's agreed to testify against him as part of a plea bargain. She later withdrew her plea, and the Trial Court found that Petitioner procured her unavailability through coercion, while still finding her plea withdrawal to be knowing, voluntary, and intelligent. Her uncontested statement to police was played at his trial. woos A.+: Under the Sixth Amendment, does a witness's unavailability become procured . when their decision to “plead the fifth” was knowing, voluntary, and intelligent? B. Should Petitioner's Sixth Amendment right override his girlfriend's Fifth Amendment right when her statement was the only evidence directly inculpating

Docket Entries

2022-04-18
Petition DENIED.
2022-03-30
DISTRIBUTED for Conference of 4/14/2022.
2022-02-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 17, 2022)
2022-01-13
Application (21A315) granted by The Chief Justice extending the time to file until February 18, 2022.
2021-12-20
Application (21A315) to extend the time to file a petition for a writ of certiorari from December 20, 2021 to February 18, 2022, submitted to The Chief Justice.

Attorneys

Gerald Jako
Gerald Wayne Jako Jr. — Petitioner
Gerald Wayne Jako Jr. — Petitioner