No. 18-8075

Godwin Oriakhi v. United States

Lower Court: Fifth Circuit
Docketed: 2019-02-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure double-jeopardy fifth-amendment ineffective-assistance-of-counsel lafler-v-cooper plain-error plain-error-review plea-bargaining pro-se-filing strickland-v-washington
Latest Conference: 2019-03-22
Question Presented (from Petition)

Whether Lafler v. Cooper is violated when trial counsel advises a defendant to enter a guilty plea to an indictment that, on its face, violates the Fifth Amendment's Double Jeopardy clause, and;

Whether Strickland v. Washington is violated when appellate counsel fails to raise this 'unpreserved' Double Jeopardy claim, and;

Whether Rosales—Mireles v. United States is violated when the appellate court then denies a 'pro se supplement to counsel—filed Brief' in order to raise this (unpreserved) Double Jeopardy/Ineffective Assistance of Counsel claim at the appellate stage, for plain error review.

Question Presented (AI Summary)

Whether Lafler v. Cooper is violated when trial counsel advises a defendant to enter a guilty plea to an indictment that, on its face, violates the Fifth Amendment's Double Jeopardy clause

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-28
Waiver of right of respondent United States to respond filed.
2019-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)

Attorneys

Godwin Oriakhi
Godwin Oriakhi — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent