No. 21-7181

Mary Ellen Samuels v. Janel Espinoza, Warden

Lower Court: Ninth Circuit
Docketed: 2022-02-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: california-supreme-court conflict-of-interest due-process ineffective-assistance-of-counsel legal-malpractice performance prejudice prejudice-presumption supreme-court-precedent
Key Terms:
HabeasCorpus
Latest Conference: 2022-03-25
Question Presented (AI Summary)

Did the California Supreme Court unreasonably fail to apply clearly established Supreme Court precedent that requires prejudice to be presumed where an actual conflict of interest adversely affects a lawyer's performance?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the California Supreme Court unreasonably fail to apply clearly established Supreme Court precedent that requires prejudice to be presumed where an actual conflict of interest adversely affects a lawyer’s performance? 2. Did the California Supreme Court unreasonably distort clearly established Supreme Court precedent in finding no ineffective assistance of counsel on the basis that trial counsel might have a sound strategy reason for his misfeasance, where the record refutes any such strategy? -i5220858.1 00147/03

Docket Entries

2022-03-28
Petition DENIED.
2022-03-10
DISTRIBUTED for Conference of 3/25/2022.
2022-03-03
Waiver of right of respondent Janel Espinoza to respond filed.
2022-02-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 28, 2022)

Attorneys

Janel Espinoza
Dana Muhammad AliCalifornia Dept. of Justice, Office of the Attorne, Respondent
Dana Muhammad AliCalifornia Dept. of Justice, Office of the Attorne, Respondent
Mary Ellen Samuels
Gwen Ellen FreemanKnapp, Petersen & Clarke, Petitioner
Gwen Ellen FreemanKnapp, Petersen & Clarke, Petitioner