No. 22-7454
Response WaivedIFP
Tags: appellate-procedure case-law circuit-court discretionary-review due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mandate statutory-interpretation sua-sponte
Key Terms:
DueProcess HabeasCorpus Privacy
DueProcess HabeasCorpus Privacy
Latest Conference:
2023-05-25
Question Presented (AI Summary)
Is the Circuit Court's order an abuse of discretion?
Question Presented (from Petition)
QUESTIONS PRESENTED : Is the Circuit Court’s order in deciding sua sponte to issue its Mandate denying relief without first having afforded petitioner prior notification and a meaningful opportunity to hear his explanation in refutation dismissing the second/successive habeas application an abuse of discretion, contrary to or an unreasonable application of clearly established statutory, and case law from this Court? Did appellate counsel render ineffective representation in failing to present unreasonably the significant and obvious issues on the first-tier appeal as of right?
Docket Entries
2023-05-30
Petition DENIED.
2023-05-10
DISTRIBUTED for Conference of 5/25/2023.
2023-05-08
Waiver of right of respondent Walter Fogg to respond filed.
2023-04-14
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.
Attorneys
Walter Fogg
David M. Cohn — Bronx County District Attorney's Office, Respondent
David M. Cohn — Bronx County District Attorney's Office, Respondent