No. 21-8007

In Re Michael David Hower

Lower Court: N/A
Docketed: 2022-06-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 aedpa criminal-procedure due-process evidentiary-hearing federal-rules habeas-corpus ineffective-assistance ineffective-assistance-of-counsel massaro-v-united-states plea-withdrawal
Key Terms:
HabeasCorpus
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Has AEDPA created an unconstitutional barrier that has rendered the petitioner's remedy under 28 U.S.C. §2255 inadequate or ineffective?

Question Presented (OCR Extract)

QUESTIONS PRESENTED : 1. Has AEDPA created an unconstitutional barrier that has rendered the ; ; petitioners remedy under 28 U.S.C. §2255 inadequate or ineffective to test the legality of his detention by allowing the district court to refuse to hotd anzevidentiary hearing or other inquiry that would allow him to develop a record to support his ineffective assistance of counsel claims when ~ evidence exists outside the scope of the record in conversations between . the petitioner and his attorney? 2. Is development of the record mandated by this courts case law authority _ | in Massaro v. United States, 538 U.S. 500 (2003), Blackledge v. Allison, 52 | LED 2D 136, 431 US 63 and 28 U.S.C. §2255(b) in order to conduct a proper , ‘on the merits" review of the petitioners ineffective assistance of counsel claims when there exists evidence to support those claims outside of the | \ scope of the record? . 3. In pleading guilty, does a criminal defendant inherently waive the right to move for withdrawal of his guilty plea before sentencing as allowed by | Fed. R. Crim. P. 11(d)(2)(b)? | : | ' Gi) . RELIEF SOUGHT . , -THE FACTS ON WHICH THES MOTION IS BASED ARE ESTABLISHED IN HOWERS' AFFIDAVIT. (

Docket Entries

2022-10-03
Petition DENIED.
2022-07-07
DISTRIBUTED for Conference of 9/28/2022.
2022-06-09
Waiver of right of respondent United States to respond filed.
2022-05-10
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2022)

Attorneys

In Re Michael David Hower
Michael David Hower — Petitioner
Michael David Hower — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent