No. 24-5968

Brian Adkison v. Kelly Morriss, Acting Warden

Lower Court: Eighth Circuit
Docketed: 2024-11-14
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: constitutional-rights criminal-procedure ineffective-assistance jury-trial plain-error strickland-standard
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2025-05-29 (distributed 2 times)
Question Presented (AI Summary)

Whether the Strickland standard for ineffective assistance of counsel violates a defendant's right to a jury trial and requires clarification of prejudice presumption and plain error review

Question Presented (OCR Extract)

Question(s) Presented 1. This Court should grant certiorari to clarify that the content prong/proof of prejudice prong of the Strickland V. Washington Standard relative to counsel’s deficient performance regarding defendant’s right to testify is either met by prejudicial presumption or unconstitutional as the prong violates the right to a trial by jury. 2. This Court should grant certiorari to clarify that plain error is present in this case. 3. This Court should grant certiorari to clarify that Counsels failure to use impeachment testimony, that negates an element of the crime for which the defendant was convicted, constitutes ineffective assistance of counsel. 4. This Court should grant certiorari to clarify that 9-to-3 jury verdicts shall be permitted. 5. This Court should grant certiorari to clarify whether or not a defendant has the right to object in a court proceeding.

Docket Entries

2025-06-02
Rehearing DENIED.
2025-05-13
DISTRIBUTED for Conference of 5/29/2025.
2025-02-03
Petition for Rehearing filed.
2025-01-13
Petition DENIED.
2024-12-26
DISTRIBUTED for Conference of 1/10/2025.
2024-10-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2024)

Attorneys

Brian Adkison
Brian Adkison — Petitioner