No. 23-312

Lee E. Stephens, Jr. v. Carolyn J. Scruggs, Secretary, Maryland Department of Public Safety and Correctional Services, et al.

Lower Court: Fourth Circuit
Docketed: 2023-09-26
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-challenge due-process habeas-relief impeachment ineffective-assistance-of-counsel ineffective-counsel prior-convictions resentencing right-to-testify sentencing unconstitutional-convictions
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2023-10-27
Question Presented (AI Summary)

Whether reasonable jurists could debate whether habeas relief and resentencing is required when a defendant's sentence was premised on prior convictions and a sentence that were later found unconstitutional and vacated?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether reasonable jurists could debate whether habeas relief and resentencing is required when a defendant’s sentence was premised on prior convictions and a sentence that were later found unconstitutional and vacated? 2. Whether reasonable jurists could debate whether Stephens’s counsel were ineffective in failing to challenge his prior unconstitutional convictions and sentence? 3. Whether reasonable jurists could debate whether Stephens’s right to testify was violated because he relinquished that right under the misapprehension that he could be impeached with his prior unconstitutional convictions? @

Docket Entries

2023-10-30
Petition DENIED.
2023-10-04
DISTRIBUTED for Conference of 10/27/2023.
2023-10-02
Waiver of right of respondent Stephen T. Moyer, et al. to respond filed.
2023-09-22
Petition for a writ of certiorari filed. (Response due October 26, 2023)
2023-06-13
Application (22A1067) granted by The Chief Justice extending the time to file until September 22, 2023.
2023-06-07
Application (22A1067) to extend the time to file a petition for a writ of certiorari from July 24, 2023 to September 22, 2023, submitted to The Chief Justice.

Attorneys

Lee E. Stephens, Jr.
Isley Markman GostinWilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Isley Markman GostinWilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Stephen T. Moyer, et al.
Jeremy Hugh WelterOffice of the Attorney General of Maryland, Respondent
Jeremy Hugh WelterOffice of the Attorney General of Maryland, Respondent