No. 22-7391

Joshua G. Stegemann v. United States

Lower Court: Second Circuit
Docketed: 2023-04-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: asset-forfeiture constitutional-rights counsel-performance criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment
Key Terms:
SocialSecurity Securities
Latest Conference: 2023-06-01
Question Presented (AI Summary)

Was the lawyer's advice objectively unreasonable under the Sixth Amendment's guarantee to effective assistance of counsel?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 7 1. If a lawyer advises her client to reject a favorable plea deal and instead proceed to trial in the face of overwhelming evidence of guilt resulting in conviction and far longer imprisonment than would have been imposed under the plea, was the lawyer's advice objectively unreasonable under the Sixth Amendment's guarantee to effective assistance of counsel? 2. Does a criminal defendant have a right to be represented by counsel of his own choosing where the government is wrongfully withholding his ~ untainted assets and he has not disclosed his prospective choice of counsel in order to trigger release of his seized assets? 1

Docket Entries

2023-06-05
Petition DENIED.
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2023-05-09
Waiver of right of respondent United States to respond filed.
2023-03-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 30, 2023)

Attorneys

Joshua G. Stegemann
Joshua G. Stegemann — Petitioner
Joshua G. Stegemann — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent