No. 23-6894

Tyler A. Gonzales, fka Tyler A. Montour v. Cheryl Eplett, Warden

Lower Court: Seventh Circuit
Docketed: 2024-03-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel professional-norms state-court-decision strickland-standard strickland-v-washington unreasonable-application unreasonable-determination-of-facts
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-03-28
Question Presented (AI Summary)

Did the Seventh Circuit err when it reviewed the merits of Gonzales's claim de novo, did not analyze the particular reasons the Wisconsin court provided, and then 'deferred?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Federal habeas courts must review the particular reasons in the last state court’s decision to determine whether that decision involves an unreasonable application of clearly established federal law or is based on an unreasonable determination of the facts. 28 U.S.C. § 2254(d). If either condition is met, then the federal court must undertake its own de novo review of the petitioner’s claim. Here, the Wisconsin Court of Appeals issued a decision on the merits of Petitioner Tyler Gonzales’s claim. That Strickland claim required the Wisconsin court to decide, inter alia, whether trial counsel performed deficiently—i.e., whether her performance was “reasonable[] under prevailing professional norms” (Strickland v. Washington, 466 U.S. 668, 688 (1984)). The questions presented are: 1. Did the Seventh Circuit err when it reviewed the merits of Gonzales’s claim de novo, did not analyze the particular reasons the Wisconsin court provided, and then “deferred”? 2. Did the Seventh Circuit err in deferring to the state court’s decision when that decision involves an unreasonable application of Strickland and is based on an unreasonable determination of the facts? 3. Did the Seventh Circuit err when it concluded that counsel’s performance was not deficient without assessing whether her performance was reasonable under prevailing professional norms? i

Docket Entries

2024-04-01
Petition DENIED.
2024-03-13
DISTRIBUTED for Conference of 3/28/2024.
2024-03-08
Waiver of right of respondent Cheryl Eplett, Warden to respond filed.
2024-03-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 4, 2024)
2024-01-02
Application (23A577) granted by Justice Barrett extending the time to file until March 4, 2024.
2023-12-20
Application (23A577) to extend the time to file a petition for a writ of certiorari from January 4, 2024 to March 4, 2024, submitted to Justice Barrett.

Attorneys

Cheryl Eplett, Warden
Eliot Michael Held Sr.Wisconsin Department of Justice, Respondent
Tyler A. Gonzales
Jessica Arden EttingerFederal Community Defender Office , Petitioner