No. 22-7184

Darrell Kelly Middlekauff v. Sue Washburn, Superintendent, Eastern Oregon Correctional Institution

Lower Court: Oregon
Docketed: 2023-04-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: capital-sentencing death-penalty fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-trial jury-trial-waiver post-conviction-relief sixth-amendment
Key Terms:
DueProcess Punishment
Latest Conference: 2023-05-11
Question Presented (AI Summary)

Is trial counsel ineffective for failing to advise client of death penalty factors prior to waiving jury?

Question Presented (OCR Extract)

QUESTIONS PRESENTED ON REVIEW 1. In a post-conviction relief case based on an aggravated murder conviction in which the defendant faced the death penalty, is trial counsel ineffective, under the Sixth and Fourteenth Amendments, for failing to advise the client, prior to waiving a jury, of the factors the jury must find for him to be sentenced to death? 2. In order for there to be a voluntary waiver of a jury trial in a death penalty case, if the state conditions not seeking a death sentence on defendant’s waiver of his Sixth and Fourteenth Amendments right to a jury trial, does a defendant have to be advised of the four penalty phase questions, three of which must be proven beyond a reasonable doubt, that the jury must answer unanimously in order for a death sentence to be imposed? ii LIST OF

Docket Entries

2023-05-15
Petition DENIED.
2023-04-20
DISTRIBUTED for Conference of 5/11/2023.
2023-04-14
Waiver of right of respondent Sue Washburn to respond filed.
2023-03-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 3, 2023)

Attorneys

Darrell Kelly Middlekauff
Frank Elmer StollerFrank E. Stoller, Attorney at Law, Petitioner
Sue Washburn
Benjamin Noah GutmanOregon Department of Justice, Respondent