No. 24-6433

Jesus C. Gonzalez v. Dan Cromwell, Warden

Lower Court: Seventh Circuit
Docketed: 2025-01-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process federal-claim ineffective-assistance merits-adjudication procedural-default state-court
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Whether a defendant who raises only a federal due process claim in state court proceedings has given state courts an opportunity to act on his claim per O'Sullivan v. Boerckel

Question Presented (OCR Extract)

Where the defendant raises a federal due process claim, and only a federal due process claim, in the State circuit court, the State appellate court, and in a petition requesting discretionary review by the State Supreme Court, has the defendant given the state courts an "opportunity to act on his claim" per O'Sullivan v. Boerckel , 526 Ul'S. 838 (1999)?1. 2. Where the state court orders and conducts an evidentiary hearing to adjudicate defendant's ineffective assistance of counsel claim, and decides the ineffective assistance of counsel claim (deficiency prong of Strickland ) based on the testimony of defendant and defendant's attorneys, has defendant's ineffective assistance of counsel claim been "adjudicated on the merits" or procedurally defaulted based on the pleadings? i

Docket Entries

2025-02-24
Petition DENIED.
2025-02-06
DISTRIBUTED for Conference of 2/21/2025.
2025-02-05
Waiver of Dan Cromwell of right to respond submitted.
2025-02-05
Waiver of right of respondent Dan Cromwell to respond filed.
2024-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 3, 2025)

Attorneys

Dan Cromwell
Sonya Knecht BiceWisconsin Department of Justice, Respondent
Sonya Knecht BiceWisconsin Department of Justice, Respondent
Jesus Gonzalez
Jesus C. Gonzalez — Petitioner
Jesus C. Gonzalez — Petitioner