| 25-5076 |
Shomari Legghette v. Illinois |
Illinois |
2025-07-10 |
Denied |
Response WaivedIFP |
appellate-representation constructive-denial criminal-procedure due-process ineffective-assistance sixth-amendment |
Whether defense Counsel's absence at a critical stage constructively denied representation as guaranteed by the sixth amendment |
| 24A458 |
Corey Dequan Broome v. James R. Scheibner, Warden |
Sixth Circuit |
2024-11-07 |
Presumed Complete |
|
constitutional-right constructive-denial ineffective-assistance legal-assistance pro-se sixth-amendment |
Whether the Sixth Amendment requires a finding of constructive denial of counsel when an indigent defendant is denied meaningful legal assistance duri… |
| 22-5236 |
George E. McFarland v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-08-01 |
Denied |
IFP |
adversarial-proceedings constructive-denial cronic-violation ineffective-assistance lineup-identification prosecutorial-awareness right-to-counsel sixth-amendment |
Whether the Sixth Amendment requires inquiry into surrounding circumstances for a constructive denial of counsel claim |
| 21-5977 |
In Re Rigoberto Melero Aguirre |
|
2021-10-14 |
Denied |
Response WaivedRelisted (2)IFP |
constructive-denial counsel-rights criminal-procedure due-process fraud-on-the-court fraud-upon-court ineffective-assistance-of-counsel judicial-proceedings miscarriage-of-justice plain-error-standard standard-of-review |
Whether the constructive denial of counsel during Melero Aguirre's judicial proceedings, coupled with the wholesale adoption by the Fifth Circuit, of … |
| 20-7616 |
Deshun Thomas v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-03-31 |
Denied |
IFP |
constructive-denial cronic cronic-standard effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions sentencing sixth-amendment trial-counsel trial-strategy |
Is a defendant constructively denied the assistance of counsel under United States v. Cronic, 466 U.S. 648 (1984), when trial counsel tells the jury t… |
| 20-6880 |
Victor Esquivel, aka Youngster v. United States |
Fifth Circuit |
2021-01-14 |
Denied |
Response WaivedIFP |
anders-brief constructive-denial criminal-procedure direct-appeal ineffective-assistance ineffective-assistance-of-counsel no-merit-brief preserved-objections right-to-counsel right-to-effective-assistance-of-counsel |
Whether Esquivel's Right to Counsel Was Constructively Denied |
| 19-6096 |
Jerry Simmons v. Darryl Vannoy, Warden |
Fifth Circuit |
2019-09-30 |
Denied |
Response WaivedRelisted (2)IFP |
biased-judge constructive-denial constructive-denial-of-assistance-of-counsel criminal-procedure ineffective-assistance judicial-bias right-to-counsel right-to-present-defense right-to-self-representation self-representation sixth-amendment structural-error structural-error-doctrine |
Whether the decision by the United States Fifth Circuit Court of Appeals contrary to, or involve an unreasonable application of, clearly established F… |
| 18-9015 |
Diego Rodrigo Perea v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-04-26 |
Denied |
Response WaivedIFP |
certificate-of-appealability confrontation-clause constructive-denial criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel sixth-amendment |
Was the State Court's rejection of the Petitioner's claim that he was constructively denied the assistance of counsel |
| 18-7208 |
Nicholas Maslonka v. Noah Nagy, Warden |
Sixth Circuit |
2019-01-02 |
Denied |
Response RequestedRelisted (2)IFP |
constructive-denial critical-stage cronic-standard cronic-v-united-states habeas-corpus right-to-counsel sixth-amendment state-action |
Is there a requirement that state action contribute to counsel's absence from a critical stage of the proceedings in order for there to be a construct… |