No. 19-6048
Franklin Pillier v. Massachusetts
Response WaivedIFP
Tags: constitutional-rights criminal-procedure criminal-procedure-rights due-process government-intrusion motion-to-withdraw-plea plea-bargaining plea-withdrawal probation probation-condition probation-conditions strict-scrutiny withdrawal-of-plea
Latest Conference:
2019-11-01
Question Presented (from Petition)
I. WHETHER, WHEN THE COURT ASKS A DEFENDANT IF HE IS GUILTY THIRTY-FIVE TIMES BEFORE INFORMING HIM OF THE RIGHTS HE IS FORFEITING AND THE CONSEQUENCES OF HIS PLEA, THE COURT VIOLATES THE DEFENDANT'S CONSTITUTIONAL RIGHTS AND HIS SUBSEQUENT MOTION TO WITHDRAW HIS PLEA MUST BE ALLOWED.
II. WHETHER A CONDITION OF PROBATION, WHICH COMMENCES WHILE A DEFENDANT IS INCARCERATED AND CONTINUES ONCE HE IS RELEASED FOR THE DURATION OF THE PROBATION, IS AN IMPERMISSABLE GOVERNMENT INTRUSION ON A DEFENDANT'S FUNDAMENTAL CONSTITUTIONAL RIGHTS WHEN STRICT SCRUTINY IS NOT SATISFIED.
Question Presented (AI Summary)
whether-defendant's-constitutional-rights-violated-by-repeated-guilty-plea-questioning
Docket Entries
2019-11-04
Petition DENIED.
2019-10-17
DISTRIBUTED for Conference of 11/1/2019.
2019-10-10
Waiver of right of respondent Commonwealth of Massachusetts to respond filed.
2019-09-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 25, 2019)
Attorneys
Commonwealth of Massachusetts
Pillier Franklin
Dale Marie Merrill — Law Office of Dale Marie Merrill, Petitioner