No. 22-6654

Roland Cummings v. Maine

Lower Court: Maine
Docketed: 2023-01-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel post-conviction-review prejudice sixth-amendment sua-sponte
Key Terms:
DueProcess HabeasCorpus CriminalProcedure
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether the Sixth Amendment right to a fair trial and Fourteenth Amendment right to due process are satisfied by an appellate court's summary conclusion, without any elaboration or analysis, that there was no prejudice to the defendant despite a finding of ineffective assistance of counsel for failing to investigate the case and review the state's discovery with the defendant

Question Presented (OCR Extract)

QUESTION PRESENTED Where a post-conviction review of a murder trial leading to a sentence of life imprisonment finds that there was ineffective assistance of counsel but, through sua sponte reasoning, the PCR Court denies that there was prejudice resulting from the ineffective assistance of counsel for failing to investigate the case and review the state’s discovery with the defendant, is the Sixth Amendment right to a fair trial and Fourteenth Amendment right to due process satisfied by an appellate court’s summary conclusion, without any elaboration or analysis, that there was no prejudice to the defendant?

Docket Entries

2023-02-21
Petition DENIED.
2023-02-02
DISTRIBUTED for Conference of 2/17/2023.
2023-01-30
Waiver of right of respondent Maine to respond filed.
2023-01-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2023)

Attorneys

Maine
Donald William MacomberMaine Office of Atty. Gen., Respondent
Donald William MacomberMaine Office of Atty. Gen., Respondent
Roland Cummings
Stephen C. SmithSteve Smith Trial Lawyers, Petitioner
Stephen C. SmithSteve Smith Trial Lawyers, Petitioner