No. 19-8047

Richard E. Daniel v. Timothy C. Ward, Commissioner, Georgia Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2020-03-19
Status: Denied
Type: IFP
IFP
Tags: coercion constitutional-rights criminal-procedure due-process equal-protection jury-selection peremptory-challenges plea-bargaining prosecutorial-misconduct racial-discrimination right-to-trial
Key Terms:
DueProcess HabeasCorpus CriminalProcedure
Latest Conference: 2020-05-21
Question Presented (from Petition)

(1) Is 1T LAWFUL FOR A DEFENDANT WNOH HAS WAIVED ARRAIGNMENT
IN WRITING WITH A PLEA OF NOT GUILTY T% BE BROUGHT BEFORE A TAIAL
SUDGE OVER THE SOURSE OF SEVERAL HEARINGS, AND BE SUBJECTED TO
SOERCION AND THAEATS BY BOTM THE CUDGE AND PUBLIC DEFENDER
IN OPEN SOURT , IN AN ATTEHPL TO IUDUCE THE DEFENDANT TO CHANGE
HIS PLEA TO GUILTY?

(2) Is IT LAWFUK FOR A TALAL SOURT ONCE HAVING GAINED A DEFENDANT's
PLEA BY SOERCION AND THREATS TO SONCEAL AND WITHHOLD THE PAETRIAK
TRANISCAIpRS TaAt ReCoeDeD Tue fOEncION AND TueArS Tusr Jue DeSANT
HAO BEEN SuEjECTGO Te IN ORDER To OeNg ThE DEFENDANTA FATR REVZEW!
ON APPEAL AND OR POST SONVICTION PROCEEDING?

(3) IF A DEFEnDANT RAISES ThE ChAIH ThAT He WAS BeING (OERCED AND
THREATEN INTO (HANBING HIS PLEA To GULLTY, ANO THAY HE Q1D NOT FAEELY
AND VOLVNTARILY ENTER THE PLEA OF GUILTY ,AND HE FILED PRO-SE
PLEADINGS INTO EVEAY SINCL STATE COURT MAKING THIS CLAIM, DOES HE
HAVE A SONSTITUTIONAL RIGHT TO HAVE THE ChAIM ADDRESSED ANO
AJUDICATED? WATHIN THE FEDERAL PROCEEDINCS?

Question Presented (AI Summary)

Whether a defendant has a constitutional right to withdraw a plea of not guilty and enter a plea of guilty over the objection of the trial judge

Docket Entries

2020-05-26
Petition DENIED.
2020-05-06
DISTRIBUTED for Conference of 5/21/2020.
2020-02-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 20, 2020)

Attorneys

Richard E. Daniel
Richard E. Daniel — Petitioner