No. 22-5973

Raymond J. Scott v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Lower Court: Ninth Circuit
Docketed: 2022-11-02
Status: Denied
Type: IFP
IFP
Tags: constitutional-violation direct-review due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default sixth-amendment
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Can ineffectiveness or incompetence of counsel on direct review result in a Sixth Amendment violation?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. CAN IneFFecTiveNess OR IncomPeTeNnce OF COUNSEL ON . DIRECT REVIELS ResuLT In A SIXTH AMENDMENT VIOLATION OF THE ARIZONA AND LINiTeD STATES ConsTiTuTion ? a. Can INEFFECTIVENESS OR INCOMPETENCE OF CONNSEL Ont DIRECT REVIEW RESULT IN CauUSE AND PREDuDICE AS AN . EXCEPTION 16 A PROCEDURAL DEFAULT OF A SUBSTANTIVE CLAIM RAISED BY A DEFENDANT IN AN HABEAS PETITION AS ANVIOLATION OF THE FIFTH, SIXTH, OR FOURTEENTH AMENDMENT VIOLATION OF THE ARIZONA AND Uni TED STATES CONSTITUTION ? 3. DOES THETRIAL COURT EXCEED Its JURISDICTION OR ABUSE IIS DISCRETION BY ALLOLSING THE “INDICTMENT To BE AMENDED BY ALTERING LANGICAGE IN ITS CounTs OR BODY AFTER THE CLOSE OF EVIDENCE ANDTHE RESTING OF THE CASE BY BOTH COURT PARTIES 7 Y. DOES THE TRIAL COURT DEPRIVE A DEFENDANT OF DUE PROCESS OR THE EFFECTIVE ASSISTANCE OF CotNSEL BY ALLOLSING THE STATE TO AMEND OR ALTER LANGUAGE IN THE BODY OF THE INDICTMENT OVER DEFENSE COUNSEL'S OBJECTIONS ? . Yi a>) | VU

Docket Entries

2023-01-09
Petition DENIED.
2022-12-15
DISTRIBUTED for Conference of 1/6/2023.
2022-10-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2022)

Attorneys

Raymond J. Scott
Raymond J. Scott — Petitioner
Raymond J. Scott — Petitioner