No. 21-7374

William A. Noguera v. Ronald Davis, Warden

Lower Court: Ninth Circuit
Docketed: 2022-03-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conflict-of-interest constitutional-right counsel-representation cuyler-v-sullivan holloway-v-arkansas ineffective-assistance ineffective-assistance-of-counsel sixth-amendment successive-representation
Key Terms:
DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2022-04-14
Question Presented (AI Summary)

Did the Ninth Circuit's opinion create a conflict with relevant decisions of this Court in concluding that Sullivan's standard applies only when a defense lawyer concurrently represents multiple clients with conflicting interests?

Question Presented (OCR Extract)

QUESTION PRESENTED In Cuyler v. Sullivan, 446 U.S. 335, 350 (1980), this Court held that an attorney whose representation is adversely affected by a conflict of interest is constitutionally ineffective under the Sixth Amendment. Once an actual conflict has been demonstrated, prejudice is presumed, since the harm may consist not only of what counsel does, but of what he “finds himself compelled to refrain from doing” in his representation of the defendant. Holloway v. Arkansas, 435 U.S. 475, 490 (1978) (emphasis in original). In Noguera’s capital trial, counsel labored under a conflict of interest because he was retained by Noguera’s mother, who counsel represented during her acrimonious divorce proceedings from Noguera’s father just a few months before the homicide. At Noguera’s mother’s direction, counsel refrained from investigating and presenting alternative motives for the crime or a case for mitigation. The district court found that Noguera was deprived of his Sixth Amendment right to counsel under Sullivan and Wood v. Georgia. In a split decision, the Ninth Circuit reversed, finding that the underlying state-court decision was reasonable under 28 U.S.C. § 2254(d)(1) because Sullivan does not apply to conflicts arising from successive representation. The question presented is: Did the Ninth Circuit's opinion create a conflict with relevant decisions of this Court in concluding that Sullivan’s standard applies only when a defense lawyer concurrently represents multiple clients with conflicting interests? i

Docket Entries

2022-04-18
Petition DENIED.
2022-03-24
DISTRIBUTED for Conference of 4/14/2022.
2022-03-22
Waiver of right of respondent Ron Davis, Warden to respond filed.
2022-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 14, 2022)
2021-12-21
Application (21A256) granted by Justice Kagan extending the time to file until March 11, 2022.
2021-12-15
Application (21A256) to extend the time to file a petition for a writ of certiorari from January 10, 2022 to March 11, 2022, submitted to Justice Kagan.

Attorneys

Ron Davis, Warden
Meredith S. WhiteCalifornia Office of the Attorney General, Respondent
William A. Noguera
Celeste BacchiFederal Public Defender's Office, Petitioner