No. 23-5829

Luis Rios v. Patrick Covello, Warden

Lower Court: Ninth Circuit
Docketed: 2023-10-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa aedpa-limitations chain-of-custody factual-predicate habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice-prong statute-of-limitations
Key Terms:
HabeasCorpus
Latest Conference: 2023-11-17
Question Presented (AI Summary)

When determining the one-year limitations period under 28 U.S.C. §2244(d)(1)(D) of the Antiterrorism and Effective Death Penalty Act (AEDPA) for an ineffective assistance of counsel claim wherein counsel's alleged deficiency was a failure to investigate, was it possible for petitioner to have the factual predicate for the prejudice prong of his ineffective assistance claim before he knew that an investigation by counsel—had it been conducted—would have uncovered evidence to change the outcome of his case?

Question Presented (OCR Extract)

QUESTION PRESENTED When determining the one-year limitations period under 28 U.S.C. §2244(d)(1)(D) of the Antiterrorism and Effective Death Penalty Act (AEDPA) for an ineffective assistance of counsel claim wherein counsel’s alleged deficiency was a failure to investigate, was it possible for petitioner to have the factual predicate for the prejudice prong of his ineffective assistance claim before he knew that an investigation by counsel—had it been conducted—would have uncovered evidence to change the outcome of his case? i

Docket Entries

2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-10-27
Waiver of right of respondent Patrick Covello to respond filed.
2023-10-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 16, 2023)

Attorneys

Luis Rios
Pablo AlmazanFederal Public Defender, Petitioner
Patrick Covello
Matthew C. MulfordOffice of the Attorney General, Respondent