No. 23-5003

Monty J. Banister v. Kansas

Lower Court: Kansas
Docketed: 2023-06-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure duty-to-consult effective-assistance-of-counsel ineffective-assistance notice-of-appeal post-conviction-relief roe-v-flores-ortega sixth-amendment trial-counsel
Key Terms:
DueProcess
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Does this Court's decision in Roe v. Flores-Ortega establish a rebuttable presumption of Sixth Amendment duty to consult client post-conviction?

Question Presented (OCR Extract)

QUESTION PRESENTED Does this Court's decision in Roe v. Flores-Ortega, 528 U.S. 470 (2000), establish at least a rebuttable presumption that trial counsel has a Sixth Amendment duty to meaningfully consult with a client following a jury trial conviction to determine whether the client wishes to file a notice of appeal and start the appeal process?

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 Kansas to respond filed.
2023-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2023)

Attorneys

Kansas
Anthony John PowellOffice of the Kansas Attomey General, Respondent
Anthony John PowellOffice of the Kansas Attomey General, Respondent
Monty Banister
Randall Lee HodgkinsonKansas Appellate Defender Off., Petitioner
Randall Lee HodgkinsonKansas Appellate Defender Off., Petitioner