No. 24-5266

Darrell Gunn v. New York

Lower Court: New York
Docketed: 2024-08-07
Status: Denied
Type: IFP
IFP
Tags: capital-punishment constitutional-rights due-process guilty-plea ineffective-assistance mental-illness
Key Terms:
DueProcess Punishment Privacy
Latest Conference: 2024-10-11
Question Presented (AI Summary)

Whether capital defense counsel's failure to present mitigating evidence of mental illness constitutes ineffective assistance of counsel and violates due process rights

Question Presented (from Petition)

QUESTIONS PRESENTED WHETHER CAPITAL DEFENSE TEAM FAILED TO PRESENT MITIGATING EVIDENCE REGARDING THE PETITIONER'S HISTORY OF MENTAL ILLNESS? WHETHER THE NEW YORK STATE CONSTITUTION ARTICLE 4, ยง 2 VIOLATED PETITIONER'S GUILTY PLEA THAT WAS IN WAIVES OF A JURY TRIAL IN WHICH THE CRIME CHARGED MAY BE PUNISHABLE BY DEATH? WHETHER PETITIONER WAS DENIED THE EFFECTIVE ASSISTANCE OF COUNSEL WHEN ASSIGNED COUNSEL'S FAILURE TO PRESERVE THE WITHDRAWAL OF GUILTY PLEA WHEN PETITIONER WAS DENIED DUE PROCESS : BECAUSE THE RE-SENTENCE VIOLATED PETITIONER'S STATUTORY RIGHT TO HAVE PETITIONER'S RE-~SENTENCE TO BE PRONOUNCED WITHOUT UNREASONABLE DELAY? WHETHER THE PEOPLE FAILED TO DISCLOSE EXCULPATORY MATERIAL? + . ad โ€˜ . . . Pe . โ€˜ ; . .

Docket Entries

2024-10-15
Petition DENIED.
2024-09-19
DISTRIBUTED for Conference of 10/11/2024.
2024-07-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 6, 2024)

Attorneys

Darrell Gunn
Darrell Gunn — Petitioner
Darrell Gunn — Petitioner