No. 24-5601

In Re David Wayne Nelson

Lower Court: N/A
Docketed: 2024-09-20
Status: Denied
Type: IFP
IFP
Tags: appeal-waiver constitutional-rights court-appointed-counsel indigent-defendant procedural-due-process right-to-counsel
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-10-11
Question Presented (AI Summary)

Whether prejudice is presumed when a court-appointed attorney fails to follow state 'adoption' procedures for an indigent defendant's appeal rights and fails to consult the defendant about potential appealable issues

Question Presented (OCR Extract)

QUESTIONS PRESENTED In the Court's Holding that prejudice is presumed regardless of an appeal waiver in a state criminal case, Garza v. Idaho, 586 U.S. 232 (2019) also mean that prejudice is presumed when the court-appointed attorney fails to follow the State's "adoption" of the Anders procedure to protect an indigent defendant's. right to an “as of right appeal"? Consult the indigent defendant? Can an indigent defendant be faulted for not filing a direct-~ review appeal and thus barred from review of record-based claims? Can a State's highest court align itself with the minority in a 8-10 majority of Circuit Court's of Appeals that have applied the presumed prejudice in the Holding of Garza v. Idaho, 586 U.S. 232, footnote # 3? Does the failure to consult an indigent defendant about possible appealable issues and fail to follow the State's statutory procedure designed to protect an indigent defendant's right to appeal and right to counsel on appeal violate the United States Constitution Amendment Six and Fourteen? *Petitioner cannot get relief from any other court based on the , above question/issues.

Docket Entries

2024-10-15
Petition DENIED.
2024-09-26
DISTRIBUTED for Conference of 10/11/2024.
2024-09-11
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

David W. Nelson
David Wayne Nelson — Petitioner
David Wayne Nelson — Petitioner