No. 24-5385

Marc Anthony Colon v. Nethanjah Breitenbach, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2024-08-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability due-process ineffective-assistance ninth-circuit trial-counsel witness-preparation
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-10-18
Question Presented (AI Summary)

Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability (COA) for review of ineffective assistance of trial counsel claims related to inadequate pretrial investigation and witness preparation?

Question Presented (OCR Extract)

QUESTION PRESENTED Did the Ninth Circuit Court of Appeals err in denying a Certificate of Appealability (‘COA”) consistent with the standards set by 28 U.S.C. § 2253(c)(2) and by this Court in Miller-El v. Cockrell, 587 U.S. 322, 327 (2003) and Slack v. McDaniel, 529 U.S. 473 (2000), to review the holding of the district court and the Nevada Supreme Court that trial counsel’s failure to adequately conduct pretrial investigation and witness preparation concerning Mr. Colon’s alibi witnesses, which led him to promise the jury a defense that he could not deliver, did not deprive him of due process and a fair trial due to ineffective assistance of trial counsel? i

Docket Entries

2024-10-21
Petition DENIED.
2024-10-03
DISTRIBUTED for Conference of 10/18/2024.
2024-09-23
Waiver of right of respondent Nethanjah Breitenbach, Warden, et al. to respond filed.
2024-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2024)

Attorneys

Marc Colon
Mark D. EibertLaw Office of Mark D. Eibert, Petitioner
Nethanjah Breitenbach, Warden, et al.
Jaimie StilzOffice of the Nevada Attorney General, Respondent