No. 24-748

John Xavier Portillo v. United States

Lower Court: Fifth Circuit
Docketed: 2025-01-14
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: appellate-counsel constitutional-claim ineffective-assistance legal-error procedural-review strickland-standard
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-02-21 (distributed 2 times)
Question Presented (AI Summary)

Whether a court must review the merits of an omitted appellate issue before determining ineffective assistance of appellate counsel under Strickland

Question Presented (OCR Extract)

When a defendant claims ineffective assistance of appellate counsel for failing to pursue an issue on appeal and appellate counsel acknowledges that the issue was potentially strong but that he or she failed to raise it based upon a misunderstanding of the law, must the court review the merits of the omitted issue before determining whether appellate counsel performed deficiently under the first prong of Strickland for failing to raise the issue?

Docket Entries

2025-02-24
Petition DENIED.
2025-01-29
DISTRIBUTED for Conference of 2/21/2025.
2025-01-22
Waiver of United States of right to respond submitted.
2025-01-22
Waiver of right of respondent United States to respond filed.
2025-01-13
Motion (24M52) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2024-12-24
MOTION (24M52) DISTRIBUTED for Conference of 1/10/2025.
2024-12-11
Motion of petitioner for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2024-12-11
Petition for a writ of certiorari filed. (Response due February 13, 2025)
2024-11-05
Application (24A439) granted by Justice Alito extending the time to file until December 11, 2024. The application for leave to file Appendix A under seal is granted.
2024-10-30
Application (24A439) to extend the time to file a petition for a writ of certiorari from November 11, 2024 to December 11, 2024, and for leave to file Appendix A under seal, submitted to Justice Alito.

Attorneys

John Xavier Portillo
F. Clinton BrodenBroden and Mickelsen, Petitioner
F. Clinton BrodenBroden and Mickelsen, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent