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Lance K. Poulsen v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 15-3900 · judgment October 10, 2017


Certiorari denied · April 2, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

I. Whether the lower courts abdicated their responsibility to provide a vigilant and independent review of Mr. Poulsen’s claims by straining to deny a hearing on ineffective assistance of counsel and affirming money laundering convictions resting on a legally flawed foundation which trial counsel overlooked and neglected, and which resulted in the reversal of parallel convictions of Mr. Poulsen’s codefendants. II. Whether the Sixth Circuit erred in its application of Strickland v. Washington, 466 U.S. 668 (1984) and departed from the law of other circuits when still presuming reasonable the performance of trial counsel who overlooked and neglected arguments that resulted in the reversal of parallel convictions of Mr. Poulsen’s codefendants. III. Whether the lower courts departed from decisions in other circuits and improperly applied circular reasoning to deny Mr. Poulsen a statutorily required hearing to establish his lawyers’ ineffectiveness and other constitutional claims based on evidence that went unchallenged because of his lawyers’ ineffectiveness.

Counsel of record

For petitioner
Douglas A. Berman
The Ohio State University Moritz College of Law

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 02 2018
    Petition DENIED.
  2. Mar 13 2018
    DISTRIBUTED for Conference of 3/29/2018.
  3. Mar 06 2018
    Waiver of right of respondent United States to respond filed.
  4. Feb 26 2018
    Petition for a writ of certiorari filed. (Response due March 30, 2018)