No. 22-5360

Wayne Chin v. Joseph Noeth, Superintendent, Attica Correctional Facility

Lower Court: Second Circuit
Docketed: 2022-08-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: accused-autonomy actual-innocence attorney-client-relationship autonomy constitutional-rights criminal-procedure defense-counsel due-process right-to-counsel sixth-amendment unwelcome-defense
Key Terms:
HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Whether a defense counsel can override an accused's final and informed decision for an actual innocence defense and impose an unwelcome defense upon the accused against his objections, resulted in a violation of the Sixth Amendment secured autonomy?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED WHETHER A DEFENSE COUNSEL CAN OVERRIDE AN ACCUSED’S FINAL AND INFORMED DECISION FOR AN ACTUAL INNOCENCE DEFENSE AND IMPOSE AN : UNWELCOME DEFENSE UPON THE ACCUSED AGAINST HIS OBJECTIONS, RESULTED IN A VIOLATION OF THE SIXTH AMENDMENT SECURED AUTONOMY?

Docket Entries

2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-09-12
Waiver of right of respondent Joseph Noeth to respond filed.
2022-08-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 15, 2022)

Attorneys

Joseph Noeth
Leonard JobloveKings County District Attorney's Office, Respondent
Leonard JobloveKings County District Attorney's Office, Respondent
Wayne Chin
Wayne Chin — Petitioner
Wayne Chin — Petitioner