No. 20-1356

Eduardo Lopez v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-03-25
Status: Denied
Type: Paid
Tags: appellate-rights conflict-of-interest counsel-disqualification criminal-procedure disqualification guilty-plea sixth-amendment structural-defect wheat-v-united-states
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. Following Class v. United States, 138 S. Ct. 798
(2018), does a criminal defendant's guilty plea result in the automatic waiver of his right to appeal
a structural defect in the underlying proceedings,
to wit, an order disqualifying his retained counsel
on Sixth Amendment grounds?

2. Where a law firm endeavors to jointly represent
co-defendants, does Wheat v. United States, 486
US. 153 (1988), authorize a district court to override a criminal defendant's waiver of conflict-free
representation, for the specifically limited purposes of discovery and motions, and disqualify the
law firm where no cooperation agreement has
been offered to any defendant and no trial has
been scheduled?

Question Presented (AI Summary)

Does a guilty plea automatically waive a defendant's right to appeal a structural defect in the underlying proceedings?

Docket Entries

2021-10-04
Petition DENIED.
2021-08-11
DISTRIBUTED for Conference of 9/27/2021.
2021-07-23
Brief of respondent United States of America in opposition filed.
2021-06-22
Motion to extend the time to file a response is granted and the time is further extended to and including July 23, 2021.
2021-06-21
Motion to extend the time to file a response from June 25, 2021 to July 23, 2021, submitted to The Clerk.
2021-05-17
Motion to extend the time to file a response is granted and the time is further extended to and including June 25, 2021.
2021-05-14
Motion to extend the time to file a response from May 26, 2021 to June 25, 2021, submitted to The Clerk.
2021-04-23
Motion to extend the time to file a response is granted and the time is extended to and including May 26, 2021.
2021-04-22
Motion to extend the time to file a response from April 26, 2021 to May 26, 2021, submitted to The Clerk.
2021-03-22
Petition for a writ of certiorari filed. (Response due April 26, 2021)

Attorneys

Eduardo Lopez
Jerome Dwayne LeeTaylor Lee & Associates LLC, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent