No. 24-7499

Rodney Mesquias v. United States

Lower Court: Fifth Circuit
Docketed: 2025-06-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability counsel-preparation ineffective-assistance judicial-standard post-conviction trial-continuance
Latest Conference: 2025-09-29
Question Presented (from Petition)

Did the lower courts err in applying the standard for determining whether a certificate of appealability should issue in a post-conviction proceeding, in deciding that petitioner had not presented a debatable issue on which reasonable jurists could disagree – whether petitioner received ineffective assistance of counsel when his first attorney admitted that he did insufficient work to be ready for trial from January 2018 to July 2019, the date that the district court denied any further trial continuances, forcing petitioner to hire additional counsel to prepare for and try the case three months later in October 2019?

Question Presented (AI Summary)

Whether the lower courts erred in applying the standard for determining a certificate of appealability in a post-conviction proceeding involving ineffective assistance of counsel

Docket Entries

2025-10-06
Petition DENIED.
2025-07-10
DISTRIBUTED for Conference of 9/29/2025.
2025-07-08
Waiver of United States of America of right to respond submitted.
2025-07-08
Waiver of right of respondent United States of America to respond filed.
2025-06-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 25, 2025)

Attorneys

Rodney Mesquias
Gregory Don Sherwood — Petitioner
United States of America
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent