No. 25-6094

Chimene Hamilton Onyeri v. United States

Lower Court: Fifth Circuit
Docketed: 2025-11-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: effective-assistance-of-counsel evidentiary-hearing law-enforcement-testimony rico-conspiracy sixth-amendment trial-strategy
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-12-12
Question Presented (AI Summary)

Whether a writ of certiorari is warranted when a defendant is denied his Sixth Amendment right to effective assistance of counsel in multiple contexts including failure to impeach law enforcement testimony, prepare for testimony, and challenge critical RICO conspiracy elements

Question Presented (OCR Extract)

lOfr REVIEW defendant is denied loyalty and effectiy mess at trial? where trial counsel III. Whether the gb\emment ’s failure to correct false testimony by a law enforcement officer during a suppression hearing and trial, followed by its continued reliance on +1—+ :_ * * • i_ _ _ _ • iL. . r 1 is denied his Sixth proceed on an invalid legal theory?V. Whether a wri Amendment right tccertiorari be granted to determine whether a defendant is denied • iiihhis Sixth Amendment right to the effective assistance of counse law enforcement testimony supporting a search and seizure, fails dant to testify, and fails to challenge critical elements of a Rico of certiorari is warranted when a defendan > effective assistance of counsel when trial counsel fails to object ause violation arising from the government ’s use of be granted to determine whether a nt right to conflict-free counsel where trial counsel billed under Act while also receiving private payments from the defendant ’st . I III # a ° K r —-w family, creating a fl] lancial incentive to prolong proceedings and impairing counsel ’s 1 1. 1 p£* J*™ j_ , • IO □f certiorari is warranted when a defendant is denied his Sixth -o ... effective assistance of counsel where trial counsel fails to prepare him to testify, leading to unguarded admissions that support the prosecution ’s case and undermine the|< efense?I. Should a writ of his Sixth Amendme the Criminal Justice „ . IB. VI. Whether a writ Amendment rightw » to a confrontationrc ; _ o_ o_ _ _ _ “tips” identifyingj th 3 defendant and linking him to the offense, without producing the tipster for cross-examination at trial?IV. Whether a wrjit )f certiorari is warranted to resolve the due process violation and reinforce the goverrment ’s duty to correct false testimony?that false testimony in post-trial proceedings, constitutes a violation of due process under Napue v. Illinois, 360 U.S. 264 (1959) warranting a writ of certiorari? VII. Whether a wri : of certiorari is warranted when a defendant is denied his Sixth Amendment rightfto effective assistance of counsel when trial counsel fails to move to dismiss a RicolBonspiracy charge that includes a predicate act, attempted murder, not enumerated as] racketeering activity under 18 U.S.C. § 1961(4), thereby allowing the prosecution toII. Should a writ oj iifll fails to impeach key to prepare the defer ,_ J,_ o_ _ _ _ _ conspiracy charge^ nd the district court denies relief under 28 u! S.C. § 2255 without an evidentiary heari ig. < i: i i In addition to individuals were Fifth Circuit and k None of the pi corporation. ; i i i !of Appeals for the of any company or es is a company, corporation, 01

Docket Entries

2025-12-15
Petition DENIED.
2025-11-26
DISTRIBUTED for Conference of 12/12/2025.
2025-11-19
Waiver of United States of right to respond submitted.
2025-11-19
Waiver of right of respondent United States to respond filed.
2025-08-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2025)

Attorneys

Chimene Hamilton Onyeri
Chimene Hamilton Onyeri — Petitioner
Chimene Hamilton Onyeri — Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent