No. 22-7623

Arquimedes Mendoza v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation

Lower Court: Ninth Circuit
Docketed: 2023-05-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-right criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel padilla-standard padilla-v-kentucky plea-bargaining reasonable-defendant reasonable-person
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-06-15
Question Presented (AI Summary)

Whether a defendant claiming ineffective assistance of counsel in the plea context must show that an objective 'reasonable person' or 'reasonable defendant' would regard the decision to go to trial as rational or reasonable

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether, it is enough for a defendant claiming ineffective assistance of counsel in the plea context to back his claim with substantial contemporaneous evidence demonstrating an express preference and that he would have rejected the plea offer and gone to trial but for his lawyers deficient performance, or must he also show that an objective “reasonable person” or “reasonable defendant” under similar circumstances would regard the decision to go to trial to be either rational under Padilla v. Kentucky, 559 U.S 372 (2010), or reasonable not withstanding strong evidence of guilt in the underlying offense. i

Docket Entries

2023-06-20
Petition DENIED.
2023-05-31
DISTRIBUTED for Conference of 6/15/2023.
2023-05-30
Waiver of right of respondent Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation to respond filed.
2023-05-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 22, 2023)

Attorneys

Arquimedes Mendoza
Michael Bradley BigelowAttorney at Law, Petitioner
Michael Bradley BigelowAttorney at Law, Petitioner
Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation
Justain P. RileyCA Dept. of Justice: Office of the AG, Respondent
Justain P. RileyCA Dept. of Justice: Office of the AG, Respondent