No. 18-6744

Wesley Wayne Schaefer v. Lorie Davis, Director, Texas Department of Criminal Justice, Criminal Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-11-20
Status: Denied
Type: IFP
IFP
Tags: consequences criminal-procedure de-novo-review double-jeopardy double-jeopardy,lesser-included-offense,state-law, due-process due-process,criminal-procedure,plea-bargaining,eff due-process,equal-protection,fourteenth-amendment, due-process,grand-jury,fifth-amendment,fourteenth- effective-assistance-of-counsel,plea-bargaining,du federal-courts,state-courts,de-novo-review,mixed-q grand-jury guilty-plea ineffective-assistance jury-unanimity plea-bargaining silent-record sixth-amendment,jury-trial,unanimous-verdict,due-p
Latest Conference: 2019-01-18
Question Presented (from Petition)

Whether a Court may assume, from a silent record, the defendant was sufficiently made aware of the consequences of his guilty plea?

Whether the United States Constitution requires a Grand Jury indictment in a State Court under the Fifth and Fourteenth Amendment?

Whether a defendant may be convicted of both a lesser and greater offense based upon the same evidence offered as proof of the alleged violation of State law?

Whether Trial Counsel renders reasonable effective assistance of counsel, when he fails to properly advise his client of the consequences of his plea?

Whether the United States District Court has a duty to conduct a de novo review of state court records of federal - questions that are mixed questions of law and fact?

Whether the United States Constitution requires a jury to unanimously return a verdict of guilt?

Whether the Due Process Clause to the United States Constitution, requires equal protections in the application of State law under the Federal Constitution?

Question Presented (AI Summary)

Whether a Court may assume, from a silent record, the defendant was sufficiently made aware of the consequences of his guilty plea?

Docket Entries

2019-01-22
Petition DENIED.
2019-01-03
DISTRIBUTED for Conference of 1/18/2019.
2018-10-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2018)

Attorneys

Wesley Wayne Schaefer, et al.
Wesley Wayne Schaefer — Petitioner