Gomez v. Stephens

Pending petition
Docket No. Argument Opinion Vote Author Term
13-6646 TBD TBD TBD TBD TBD

Issue: (1) Whether, under the Antiterrorism and Death Penalty Act of 1996, a Franks v. Delaware hearing is a "critical stage of the criminal proceedings" as envisioned in United States v. Cronic, where petitioner's attorney's presence is required by the Sixth Amendment; (2) whether the court of appeals erred when it held that petitioner's right to his attorney's presence at a Franks hearing was not violated when the state trial court held such a hearing; (3) whether petitioner's Sixth Amendment right to confront and cross examine his accusers was violated by the absence of his attorney at his Franks hearing; (4) whether petitioner's attorney's absence from his Franks hearing was a knowing, intelligent, and voluntary waiver by petitioner as required by Johnson v. Zerbst; and (5) whether a conflict of interest arose and existed due to petitioner's attorney's absence and therefore lack of representation at the Franks hearing.

DateProceedings and Orders
Jul 19 2013Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2013)
Nov 21 2013DISTRIBUTED for Conference of December 6, 2013.
Nov 26 2013Response Requested . (Due December 26, 2013)
Dec 19 2013Order extending time to file response to petition to and including January 24, 2014.
Jan 27 2014Brief of respondent William Stephens, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
Feb 13 2014DISTRIBUTED for Conference of February 28, 2014.
Mar 3 2014DISTRIBUTED for Conference of March 7, 2014.
Mar 6 2014Reply of petitioner Rodolfo Cipriano Gomez filed. (Distributed)
Mar 10 2014Petition DENIED.
 
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