No. 21-7637

Marecellus Adams v. Tim Hooper, Warden

Lower Court: Fifth Circuit
Docketed: 2022-04-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure defense-strategy due-process fundamental-fairness habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment
Key Terms:
HabeasCorpus
Latest Conference: 2022-06-09
Question Presented (AI Summary)

Did trial counsel violate Adams's right to choose the objective of his defense when he conceded guilt over his express objection?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Adams's trial counsel asked him if he could present a manslaughter defense instead of arguing justifiable homicide. Adams told counsel he did not agree with a manslaughter defense because he believed his actions were justified. Even so, counsel conceded guilt in his closing argument without Adams’s consent: (A) Did trial counsel violate Adams’s right to choose the objective of his defense when he conceded guilt over his express objection? (B) Was Adams entitled to stay his federal proceedings while he exhausted his substantive constitutional claim in the state courts? (C) Did the Fifth Circuit Court of Appeals erroneously conclude that | La. C. Cr. P. art. 930.8 precluded Adams from post-conviction | or habeas relief because he did not file his McCoy claim within 2 years of the finality of his conviction and sentence? ii

Docket Entries

2022-06-13
Petition DENIED.
2022-05-25
DISTRIBUTED for Conference of 6/9/2022.
2022-05-18
Waiver of right of respondent Tim Hooper, Warden to respond filed.
2022-04-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 18, 2022)

Attorneys

Marecellus Adams
Marecellus Adams — Petitioner
Tim Hooper, Warden
Shae Gary McPhee Jr.Louisiana Department of Justice, Respondent