No. 22-7808

Elroy Pedro Gomez v. William Joe Sullivan, Warden

Lower Court: Ninth Circuit
Docketed: 2023-06-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: California-Supreme-Court criminal-procedure Due-process Equal-protection Habeas-corpus ineffective-assistance plea-bargain Sentencing-enhancements Sixth-Amendment
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Ineffective-assistance-of-counsel

Question Presented (OCR Extract)

Questions Presented Petitioner raises the following questions: 1. In the first place, was Petitioner denied his Sixth Amendment right to the effective assistance of counsel when his court-appointed trial attorney failed to advise him that he had no defense to the ADW charge or the sentencing enhancements and was certain to be found guilty of those charges and to be sentenced to a longer term than the prosecution was offering, and, therefore, had no rational choice but to accept the offer, but, instead, advised him that they were going to beat the case? 2. Was Petitioner denied his Fifth and Fourteenth Amendment rights to due process and equal protection when, on habeas corpus in the California Court of Appeal and Supreme Court, those courts failed to follow California Supreme Court decisional law (see, e.g., People v. Duvall, 9 Cal.4th 464, 474-475 (1995); People v. Pope, 23 Cal.3d 412, 426 (1979)), which requires the courts, when a petitioner alleges facts which make out a

Docket Entries

2023-10-02
Petition DENIED.
2023-06-22
DISTRIBUTED for Conference of 9/26/2023.
2023-06-16
Waiver of right of respondent William Sullivan to respond filed.
2023-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 17, 2023)

Attorneys

Elroy Gomez
William Richard SuchRichard Such, Attorney at Law, Petitioner
William Richard SuchRichard Such, Attorney at Law, Petitioner
William Sullivan
Michele Joette SwansonCalifornia Attorney General's Office, Respondent
Michele Joette SwansonCalifornia Attorney General's Office, Respondent