No. 22-6671

Rodney P. Mazzulla v. United States

Lower Court: Eighth Circuit
Docketed: 2023-02-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-counsel appellate-procedure criminal-procedure due-process franks-hearing Franks-v-Delaware ineffective-assistance reasonable-performance search-warrant Strickland-v-Washington
Key Terms:
DueProcess HabeasCorpus CriminalProcedure Privacy
Latest Conference: 2023-02-24
Question Presented (AI Summary)

Ineffective-assistance-of-counsel

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW This Court in Strickland v. Washington, 466 U.S. 668, 80 L.Ed.2d 674 (1984), made it clear that no deference is due to counsel’s actions, and the performance of counsel falls below the Strickland objective standard of reasonableness if counsel’s specific acts or omissions are not demonstrably ’ the result of actual strategic choices made between or among all plausible options “after a thorough investigation of law and facts relevant to all possible options.” With this standard determined, the Petitioner Rodney Mazzulla presents the following questions: I. Does trial counsel render ineffective assistance when counsel fails to request a mid-trial Franks v. Delaware, 438 U.S. 154 (1978) hearing when the facts generated mid-trial warrant such a request? II. Should a writ of certiorari should be granted since Mazzulla’s due process rights were violated when appellate counsel failed to clarify to the Eight Circuit Court of Appeals during oral arguments that the prosecutor misled the appellate panel regarding the issuance of a search warrant ii

Docket Entries

2023-02-27
Petition DENIED.
2023-02-09
DISTRIBUTED for Conference of 2/24/2023.
2023-02-06
Waiver of right of respondent United States to respond filed.
2023-01-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 3, 2023)

Attorneys

Rodney Mazzulla
Rodney P. Mazzulla — Petitioner
Rodney P. Mazzulla — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent