No. 22-5032

Steven Louis Barnes v. South Carolina

Lower Court: South Carolina
Docketed: 2022-07-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: and whether denial of an evidentiary hearing viol collateral-review constitutional-rights direct-appeal due-process evidentiary-hearing ineffective-assistance-of-counsel ineffective-counsel remedy
Key Terms:
DueProcess
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Is there a distinction between remedies in raising ineffectiveness of constitutional counsel on direct appeal, where constitutional counsel is allowed, and on collateral review, where constitutional counsel is not allowed, when the petitioner request for an evidentiary hearing?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW QUESTION 1 , IS THERE A DISTINCTION BETWEEN REMEDIES IN RAISING INEFFECTIVENESS OF CONSTITUTIONAL COUNSEL ON DIRECT APPEAL, WHERE CONSTITUTIONAL COUNSEL IS ALLOWED, AND ON COLLATERAL REVIEW, WHERE CONSTITUTIONAL COUNSEL IS NOT ALLOWED, WHEN THE PETITIONER REQUEST FOR AN EVIDENTIARY HEARING? IF NO, DOES THE RESPONDENT’S ARBITRARY AND IRRATIONAL DENIAL OF EVIDENTIARY HEARING ON DIRECT REVIEW VIOLATES THE PETITIONER’S DUE PROCESS RIGHT TO AN ADEQUATE REMEDY TO RAISE INEFFECTIVENESS OF CONSTITUTIONAL COUNSEL QUESTION 2: WHETHER IT VIOLATES DUE PROCESS FOR THE TRIAL JUDGE TO DENY } THE PETITIONER AN EVIDENTIARY HEARING TO SHOW THE PETITIONER WAS SUBJECTED TO STATE’S INTERFERENCE WITH THE PETITIONER'S COUNSEL, TO INEFFECTIVENESS OF TRIAL COUNSEL, AND TO CONFLICT OF INTEREST WITH THE PETITIONER’S COUNSEL CONCERNING BOTH THE PETITIONER’S INTERSTATE ARGREEMENT OF DETAINER ACT AND SPEEDY TRIAL ISSUES | | | | | ii , PARTIES Steven Louis Barnes, as Petitioner. State of South Carolina, as Respondent. iii

Docket Entries

2022-10-03
Petition DENIED.
2022-07-07
DISTRIBUTED for Conference of 9/28/2022.
2022-07-06
Waiver of right of respondent South Carolina to respond filed.
2022-06-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 4, 2022)
2022-05-04
Application (21A684) granted by The Chief Justice extending the time to file until July 2, 2022.
2022-04-22
Application (21A684) to extend the time to file a petition for a writ of certiorari from May 3, 2022 to July 2, 2022, submitted to The Chief Justice.

Attorneys

South Carolina
Mark Reynolds FarthingSouth Carolina Office of the Attorney General, Respondent
Steven Louis Barnes
Steven Louis Barnes — Petitioner