No. 22-6149

Edgar Arellano v. California

Lower Court: California
Docketed: 2022-11-23
Status: Denied
Type: IFP
IFP
Tags: assistance-of-counsel constitutional-rights criminal-justice-reform effective-assistance-of-counsel fourteenth-amendment mitigating-evidence senate-bill-1333 sentencing sentencing-hearing sixth-amendment
Latest Conference: 2023-01-20
Question Presented (AI Summary)

Whether a re-sentencing hearing under the new First Step Act entitles a defendant to the right to effective assistance of counsel under the Sixth and Fourteenth Amendment, and whether the Sixth and Fourteenth Amendment entitle the defendant to have an attorney that would adequately represent him, by keeping an open dialogue as to the defendant's court proceedings either by phone or mail, and that was open to legal input by the defendant to offer mitigating evidence in favor of leniency

Question Presented (OCR Extract)

QUESTION(S) PRESENTED __ This court SHould GRANT . A. REVIEW.To. SETTLE THE QuESTION WEATHER A. RE-SENTENCING HEARING UNDER THE NEW. .. " Maw SENATE Bit. 1393, ENTTLES. A DEFENDANT. . TE RiGkT..vo. EFEECTIVE ASSISTANCE OF. COUNSEL UNDER | Tue _ Sixth AND. FouRTEENTH AMENDMENT OF THE UTED AbSO.D0ES THE. | SIXTH AND FouRTEEATH AMENDMENT ENTITLE THE DEFENDANT To HAVE AN.. ATTORNEY THAT Would ADEQUATLY. REPRESENT Him, | BY KeePing A OPEN DiALOQUE AS To THE DEFENDANTS _._ | CouRT PROCEEDINGS T'TWER..BY. PHONE oR Mail, AND That WAS OfEN To LEGAL. INPUT BY THE DEFENDANT To _ OFFER Mitigating GVioENcE iw FAVOR OF LENIENCY. /

Docket Entries

2023-01-23
Petition DENIED
2023-01-23
Petition DENIED.
2023-01-05
DISTRIBUTED for Conference of 1/20/2023.
2022-07-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 23, 2022)

Attorneys

Edgar Arellano
Edgar Arellano — Petitioner
Edgar Arellano — Petitioner