No. 24-1032

Kay Ellison v. United States

Lower Court: Third Circuit
Docketed: 2025-03-28
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-right due-process habeas-corpus ineffective-assistance prejudice-test strickland-standard
Key Terms:
FifthAmendment DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-04-25
Question Presented (AI Summary)

Is the loss of the opportunity to present an affirmative case due to Constitutionally-deficient representation during trial the loss of a 'proceeding' such that the process-based test for prejudice applies to Petitioner's claim for habeas relief?

Question Presented (OCR Extract)

In Strickland v. Washington , 466 U.S. 668, 694 (1984), this Court delineated core aspects of the Constitutional right to the effective assistance of counsel. Under the paradigmatic test, the reviewing court is asked to evaluate whether “but for” counsel’s error, would the result have been different, essentia lly asking whether the error was so material as to deprive the defendant of a fair proceeding. Id. Subsequent to Strickland , this Court further recognized that the “but for” test becomes tenuously speculative when counsel’s error deprives the defendant of an entire proceeding. See Roe v. Flores -Ortega , 528 U.S. 470, 483 (2000). Under those circumstances, the test is not centered on a projected, hypothetical outcome had counsel performed with the Constitutionally protected effectiveness but, rather, whether the defendant would have availed themselves of the proceeding foregone. This case presents a simpl e, important, but unresolved question: 1. Is the loss of the opportunity to present an affirmative case due to Constitutionally -deficient representation during trial the loss of a “proceeding” such that the process -based test for prejudice applies to Petitioner’s claim for habeas relief?

Docket Entries

2025-04-28
Petition DENIED.
2025-04-09
DISTRIBUTED for Conference of 4/25/2025.
2025-04-03
Waiver of United States of right to respond submitted.
2025-04-03
Waiver of right of respondent United States to respond filed.
2025-03-24
Petition for a writ of certiorari filed. (Response due April 28, 2025)

Attorneys

Kay Ellison
Thomas Shipley JonesNelson Mullins Riley & Scarborough LLP, Petitioner
United States
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent