No. 22-7859

Timothy Sumpter v. Kansas

Lower Court: Tenth Circuit
Docketed: 2023-06-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process exhaustion-doctrine habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis state-post-conviction strickland strickland-standard sufficiency-of-evidence
Key Terms:
FifthAmendment HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Is it contrary to the clearly established Strickland standard to assess the prejudice from trial counsel's ineffective assistance of counsel for her failure to investigate and deploy the strongest defense to the most serious charged count measured by only examining whether there was sufficient evidence to support the jury's verdict?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Under clearly established law, in most ineffective assistance of trial counsel cases, prejudice is shown by demonstrating “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Strickland v. Washington, 466 U.S. 668, 694 (1984). Based on this framework, the Supreme Court has held that a state court decision would be “contrary” to Strickland if it required a prisoner to meet a higher evidentiary burden than “reasonable probability.” Williams v. Taylor, 529 U.S. 362, 405-06 (2000). To ensure state courts have “a meaningful opportunity to consider allegations of legal error without interference from the federal judiciary,” a habeas petitioner must “fairly present[]” his claims to the state court. Vasquez v. Hillery, 474 U.S. 254, 257 (1986). 1. Is it contrary to the clearly established Strickland standard to assess the prejudice from trial counsel’s ineffective assistance of counsel for her failure to investigate and deploy the strongest defense to the most serious charged count measured by only examining whether there was sufficient evidence to support the jury’s verdict? 2. Does the “fairly presented” exhaustion standard limit a petitioner to claims that were “centered” in a “clear fram[ing]” or can the necessary facts and legal bases set out in the state post-conviction relief petition and in briefing to the state appellate courts be considered in federal court? i

Docket Entries

2023-10-02
Petition DENIED.
2023-07-13
DISTRIBUTED for Conference of 9/26/2023.
2023-07-06
Waiver of right of respondent State of Kansas to respond filed.
2023-06-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 24, 2023)
2023-05-26
Application (22A1028) granted by Justice Gorsuch extending the time to file until June 21, 2023.
2023-05-24
Application (22A1028) to extend the time to file a petition for a writ of certiorari from June 1, 2023 to July 3, 2023, submitted to Justice Gorsuch.

Attorneys

State of Kansas
Anthony John PowellOffice of the Kansas Attomey General, Respondent
Timothy Sumpter
Ruth Anne French-HodsonSharp Law, LLP, Petitioner