No. 18-7710

Jose Garcia Mejia v. Shawn Hatton, Warden

Lower Court: Ninth Circuit
Docketed: 2019-02-01
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 5th-amendment administrative-processing aedpa constitutional-rights criminal-procedure due-process habeas-corpus plea-bargaining procedural-error
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-03-29
Question Presented (from Petition)

Were Petitioner's constitutional Rights violated during trial? When Petitioner had no realistic chance of prevailing and the record was silent as to whether He understood. This is a reversible error because the Trial Court failed to advise him of the full panoply of constitutional rights he was waiving. See: Argument's one and two, in which Petitioner presents the issue that is unresolved by the Court's previous pronouncements as to whether the test of prejudice when a defendant is not adequately advised of his constitutional rights following a BLNNELL plea is whether the record adequately demonstrates that he would not have waived his Rights, if he had been aware he would likely be convicted.

Also, were the Rights afforded to a State Prisoner to file federal writ of habeas corpus petition raising constitutional violations made void by the Court for lack of administrative processing in a timely fashion and thereby the time to file a timely petition under AEDPA lapsed. Should the Petitioner be made to bear the weight of this error? and hence lose his Right afforded under the due process clause of 5th and 14th amendments of the U.S. const?

Question Presented (AI Summary)

Were Petitioner's constitutional Rights violated during trial?

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2018-09-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2019)

Attorneys

Jose G. Mejia
Jose G. Mejia — Petitioner