No. 18-8143

Stephen Talbert v. United States

Lower Court: Eighth Circuit
Docketed: 2019-02-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure discovery due-process fraud fraudulent-misrepresentation ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct right-to-trial voluntariness
Key Terms:
FourthAmendment DueProcess HabeasCorpus Privacy
Latest Conference: 2019-03-29
Question Presented (from Petition)

Can a defendant voluntarily and intelligently enter a plea where counsel fraudulently misrepresents a key fact discoverable during pretrial investigation and deemed critical by the defendant to his decision to waive his right to trial and enter a guilty plea?

Does a defendant's right to due process permit a court to cite the defendant's choices made by relying on counsel's assistance as the sole basis for denying the defendant's claim of ineffective assistance of counsel?

Question Presented (AI Summary)

Can a defendant voluntarily and intelligently enter a plea where counsel fraudulently misrepresents a key fact

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-06
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 28, 2019)

Attorneys

Stephen Talbert
Stephen Talbert — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent