No. 18-6621

Aloeng Kelly Vang v. Tom Roy, Commissioner, Minnesota Department of Corrections

Lower Court: Eighth Circuit
Docketed: 2018-11-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure effective-assistance-of-counsel effective-counsel ineffective-assistance-of-counsel plea-bargaining prejudice-prong sixth-amendment state-law straight-plea straight-pleas trial-rights ultimate-authority
Latest Conference: 2019-01-11
Question Presented (from Petition)

Where offers of straight pleas to the district court is permitted under state law, does state criminal defendants receive their Sixth Amendment right to effective assistance-of-counsel where counsel fails to carry out the defendants wishes to plea guilty to the charged offense, and the defendants are force to stand trial and be convicted on a more severer indicted crime and punishment?

Whether the prejudice prong of ineffective-assistance claims involves examining the effect fdeffcient etormanceupori the proceeding already held rather than looking to hypothetical results of a hypothetical future prosecution?

What is the appropriate analytical framework for gulity pleas involving straight pleas where state law doesn't require consent from the government?

In regards to straight pleas, is a criminal defendant "ultimate authority" to plead guilty infringed if the state intervene with the defendant from pleading guilty to the charged offense?

Question Presented (AI Summary)

Where offers of straight pleas to the district court is permitted under state law, does state criminal defendants receive their Sixth Amendment right to effective assistance-of-counsel

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-21
Waiver of right of respondent Tom Roy, Commissioner, Minnesota Department of Corrections to respond filed.
2018-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2018)

Attorneys

Aloeng Kelly Vang
Aloeng Kelly Vang — Petitioner
Tom Roy, Commissioner, Minnesota Department of Corrections
Peter Reed MarkerOffice of the Ramsey County Attorney, Respondent