No. 22-6276

Lester S. Barney v. Administrator, New Jersey State Prison, et al.

Lower Court: Third Circuit
Docketed: 2022-12-09
Status: Denied
Type: IFP
IFP
Tags: 28-usc-2254d faretta-right faretta-v-california habeas-corpus habeas-review ineffective-assistance ineffective-assistance-of-counsel judicial-review pro-se-representation self-representation strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether the state court unreasonably determined that Lester S. Barney did not clearly and unequivocally assert his right to proceed pro se

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether, because the state court unreasonably determined that Lester S. Barney (“Barney”) did not clearly and unequivocally assert his right to proceed pro se, on habeas review, the New Jersey District Court and the Third Circuit, on appeal therefrom, misapprehended and misapplied this Court’s jurisprudence under both Faretta v. California, 422 U.S. 806 (1974) and Title 28, United States Code, Section 2254(d), and reached a decision in conflict with this Court’s precedent. 2. Whether, because in evaluating Barney’s ineffective assistance of counsel claim on habeas review, the New Jersey District Court and the Third Circuit, on appeal therefrom, misapprehended and misapplied this Court’s jurisprudence under Strickland v. Washington, 466 U.S. 668 (1984), United States v. Cronic, 466 U.S. 648 (1984), and Weaver v. Massachusetts, 582 US. _, 137 S. Ct. 1899 (2017), as well as Title 28, United States Code, Section 2254(d), the decisions below are in conflict with this Court’s precedent.

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2022-12-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 9, 2023)

Attorneys

Lester Barney
Lawrence D. GerzogLaw Offices of Lawrence D. Gerzog, Petitioner