Supreme Court of the United States · Official docket →
Ernest N. Lotches v. Corey Fhuere, Superintendent, Oregon State Penitentiary
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 24-2652 · judgment February 12, 2026
Pending
Questions presented
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Whether a claim of incompetence to be tried can be procedurally defaulted.
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Whether Mr. Lotches’ Sixth Amendment rights were violated by trial counsel’s failure to present cultural evidence regarding his Native American background. PETITION FOR WRIT OF CERTIORARI – Page i
Counsel of record
For petitioner
Jonah Joshua Horwitz
Federal Defender Services of Idaho
For respondent
Paul L. Smith
Oregon Department of Justice - Appellate Division
Proceedings
- Aug 24 2026Motion to extend the time to file a response is granted and the time is extended to and including October 16, 2026.
- Aug 21 2026Motion to extend the time to file a response from September 3, 2026 to October 16, 2026, submitted to The Clerk.
- Aug 04 2026Response Requested. (Due September 3, 2026)
- Jul 02 2026DISTRIBUTED for Conference of 9/28/2026.
- Jun 26 2026Waiver of right of respondent Corey Fhuere to respond filed.
- Jun 12 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 27, 2026)
- May 05 2026Application (25A1216) granted by Justice Kagan extending the time to file until July 12, 2026.
- May 01 2026Application (25A1216) to extend the time to file a petition for a writ of certiorari from May 13, 2026 to July 12, 2026, submitted to Justice Kagan.