No. 18-8289

Kwame Asafo-Adjei v. Maryland

Lower Court: Maryland
Docketed: 2019-03-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process equal-protection fifth-amendment fourteenth-amendment judicial-procedure mandatory-disclosure maryland-rule-4-342(d) maryland-rules plea-bargain plea-bargaining sentencing void-sentence
Key Terms:
DueProcess Privacy
Latest Conference: 2019-04-12
Question Presented (from Petition)

Is the failure of the Maryland Court of Appeals to enforce the Maryland Rule 4-342(d) a denial of a citizen's equal protection right under the Fourteenth Amendment of the U.S. Constitution?

Is failure of the Maryland Court of Special Appeals and also the Maryland Court of Appeals to consider Maryland Rule 8-203(b) and Rule 1-204(a)(3) in the circumstances of this case a deprivation of life, liberty, or property without due process of law as required by the Fifth and Fourteenth Amendments of the U.S. Constitution?

Should Plea obtained by the prosecution through coercion, intimidation and threats be accepted in the public interest? Should Plea bargain be an instrument of abuse by the government? How many countless innocent citizens are languishing in prisons through the abuse of governmental plea bargain?

What is the effect of an ineffective counsel?

What happens when on the facts available it is impossible for the government to establish an element of intent to defraud?

Should the government be allowed to circumvent and escape its constitutional duty of proof by a claimed sham plea bargain deal?

Is an extraction of such a plea a deprivation of life, liberty or property of a citizen under the Fifth and Fourteenth Amendments due process clauses?

Question Presented (AI Summary)

Is the failure of the Maryland Court of Appeals to enforce the Maryland Rule 4-342(d) a denial of a citizen's equal protection right under the Fourteenth Amendment of the U.S. Constitution?

Docket Entries

2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-14
Waiver of right of respondent Maryland to respond filed.
2018-02-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 4, 2019)

Attorneys

Kwame Asafo-Adjei
Kwame Asafo-Adjei — Petitioner
Maryland
Carrie J. Williams — Respondent