No. 19-7265

Joseph Totoro, II v. United States

Lower Court: Third Circuit
Docketed: 2020-01-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 scienter scienter-requirement sixth-amendment sixth-amendment-access-to-courts speedy-trial
Latest Conference: 2020-02-21
Question Presented (from Petition)

1. Did the Court, the United States Attorney, and the former attorneys violate
DQJ policy and Due Process by allowing him to give up all his rights, except
for those of Ineffective Assistance of Counsel as pertains to the Plea only,
which violates Rule 11(b)?

2. Did the United States Attorney, the Court, and his former attorney during
the Plea Colloquy delete and ignore the scienter requirement of knowingly in
the 3rd count of the indictment 18 U.S.C. § 2252, which would make the
entire Plea not knowingly, voluntary, and intelligent?

3. Did the Court, the United States Attorney, and his former counsel,
misrepresent in the January 21, 2016 Plea Offer made available to him prior
to the competency evaluation which was no longer available due to the
misleading statement that the main witness was now cooperating, which
violated his Due Process by allowing him while incompetent to give up his
Speedy Trial rights?

4. Did the United States Appeals Court for the Third Circuit, the Department of
Justice, the Bureau of Prisons, and Fort Dix FCI violate Appellant's Sixth
Amendment right to access to the Courts by deliberately not delivering legal
mail and not allowing him to file for rehearing En Banc because Appellant
was never served the denial of the motion in reply to not uphold the Plea
Waiver?

Question Presented (AI Summary)

Did the Court, the United States Attorney, and the former attorneys violate DOJ policy and Due Process

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-23
Waiver of right of respondent United States to respond filed.
2019-10-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2020)

Attorneys

Joseph Totoro
Joseph Totoro II — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent