No. 23-6865

Justus Onyiego v. Tennessee

Lower Court: Tennessee
Docketed: 2024-02-29
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-procedure due-process evidence ineffective-assistance post-conviction right-to-counsel right-to-testify trial-counsel
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-04-26
Question Presented (AI Summary)

Was trial counsel ineffective?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. WAS TRIAL COUNSEL INEFFECTIVE FOR FAILING TO REQUEST ' LESSER INCLUDED OFFENSE INSTRUCTIONS FOR THE OFFENSE OF AGGRAVATED RAPE CAUSING BODILY INJURY? II. WAS TRIAL COUNSEL INEFFECTIVE FOR FAILING TO EXPLAIN THE PROS OF TESTIFYING TO PETITIONER AND FOR ADVISING PETITIONER NOT TO TESTIFY AT TRIAL? I. WAS TRIAL COUNSEL INEFFECTIVE FOR FAILING TO SUBPOENA THE VICTIM'S MEDICAL RECORDS FROM THE REGIONAL MEDICAL CENTER AT MEMPHIS? IV. WAS TRIAL COUNSEL INEFFECTIVE FOR FAILING TO OBJECT WHEN THE PROSECUTOR WORE A ST. JUDE EMBLEM ON HIS LAPEL DURING THE SECOND DAY OF TRIAL? V. WAS TRIAL COUNSEL INEFFECTIVE FOR FAILING TO OBJECT TO THE STATES IMPROPER CLOSING ARGUMENT? VI. WAS TRIAL COUNSEL INEFFECTIVE FOR FAILING TO RETAIN A DNA EXPERT? ; VII. WAS TRIAL COUNSEL INEFFECTIVE FOR TELLING THE JURY IN OPENING STATEMENT THAT THE PROOF WAS MUCH MORE CONSISTENT WITH A CONSENSUAL ENCOUNTER? VII. WHETHER THE CUMULATIVE EFFECT OF TRIAL COUNSEL'S ERRORS WARRANTS POST-CONVICTION RELIEF. IX. WAS APPELLATE COUNSEL INEFFECTIVE FOR FAILING TO CITE TO TRIAL EXHIBIT 23 IN HIS MOTION FOR NEW TRIAL AND IN HIS BRIEF TO APPEAL? 2 X. DID THE POST-CONVICTION COURT ERR IN DENYING PETITIONER'S REQUEST FOR FUNDING FOR AN INVESTIGATOR AND FOR A DNA EXPERT? 3

Docket Entries

2024-04-29
Petition DENIED.
2024-04-11
DISTRIBUTED for Conference of 4/26/2024.
2023-11-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2024)

Attorneys

Justus Onyiego
Justus G. Onyiego — Petitioner