No. 21-7171

Robin Lee Sherwood v. George A. Neotti, Warden

Lower Court: Ninth Circuit
Docketed: 2022-02-22
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: competency competency-to-plead-guilty guilty-plea habeas habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel prejudice-standard strickland-standard strickland-v-washington
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-03-25 (distributed 2 times)
Question Presented (AI Summary)

Whether the Ninth Circuit's prejudice standard for an ineffective assistance of counsel claim concerning competency to plead guilty conflicts with Strickland v. Washington and Hill v. Lockhart

Question Presented (OCR Extract)

QUESTION PRESENTED In evaluating the prejudice prong of habeas petitioner Robin Sherwood’s ineffective assistance of counsel claim concerning his competency to plead guilty, the Ninth Circuit required him to show a reasonable probability that he would have been found incompetent. Does this prejudice standard conflict with Strickland v. Washington, 466 U.S. 668 (1984) and Hill v. Lockhart, 474 U.S. 52, 58-59 (1985), which ask the broader question of whether there is a reasonable probability that the result of the proceedings would have been different, or, in in the context of a guilty plea, whether Sherwood would have pled guilty? i LIST OF

Docket Entries

2022-03-28
Petition DENIED.
2022-03-10
DISTRIBUTED for Conference of 3/25/2022.
2022-03-08
Waiver of right of respondent Neotti, George to respond filed.
2022-02-22
Motion (21M76) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2022-01-26
MOTION (21M76) DISTRIBUTED for Conference of 2/18/2022.
2022-01-21
Motion (21M76) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2022-01-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 24, 2022)

Attorneys

Neotti, George
Daniel Brian RogersOffice of the California Attorney General, Respondent
Robin Lee Sherwood
Lauren CollinsOffice of the Federal Public Defender, Petitioner