No. 18-8828

Dante Overby v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-04-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel overreach plea-bargaining speedy-trial
Key Terms:
FifthAmendment JusticiabilityDoctri
Latest Conference: 2019-05-23
Question Presented (from Petition)

DOES THE GUILTY PLEA INDUCED BY AN "ILLUSORY PROMISE" VIOLATE THE 6th AMENDMENT?

WHERE THE GUILTY PLEA WAS RULED INVOLUNTARY, BUT THE COURT FAILED TO REVIEW THE PREJUDICE PRONG OF THE INEFFECTIVENESS CLAIM, SHOULD PREJUDICE HAVE BEEN PRESUMED?

DID PETITIONER RECEIVE A FULL AND FAIR HEARING ON THE ISSUES HE TENDERED ON DIRECT APPEAL?

DOES THE GUILTY PLEA INDUCED BY AN "ILLUSORY PROMISE" CONSTITUTE BAD FAITH WHICH VIOLATES THE 5th AMENDMENT'S DOUBLE JEOPARDY CLAUSE?

DID THE STATE COURT'S APPLICATION OF PA.R.CRIM.P. RULE 600 VIOLATE PETITIONER'S FEDERAL SPEEDY TRIAL RIGHTS?

DOES ALLOWING PETITIONER TO "ENTER A CONDITIONAL GUILTY PLEA WHICH DEFENSE COUNSEL, THE PROSECUTION AND THE COURT UNDOUBTEDLY WAS ILLEGAL" AMOUNT TO OVERREACHING THAT BARS A RETRIAL?

WAS PETITIONER ACTUALLY AFFORDED A TRIAL AT ALL WHERE THE TENDERED GUILTY PLEA IS VOID AB INITIO?

Question Presented (AI Summary)

Does the guilty plea induced by an 'illusory promise' violate the 6th Amendment?

Docket Entries

2019-08-23
Rehearing DENIED.
2019-08-01
DISTRIBUTED.
2019-06-18
Petition for Rehearing filed.
2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-05-06
Waiver of right of respondent Pennsylvania to respond filed.
2019-02-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2019)

Attorneys

Dante Overby
Dante Overby — Petitioner
Pennsylvania
Nancy WinkelmanDistrict Attorney's Office, Respondent