No. 20-5626

Monte Whitehead v. New Mexico

Lower Court: New Mexico
Docketed: 2020-09-09
Status: Denied
Type: IFP
IFP
Tags: bill-of-rights constitutional-rights criminal-procedure double-jeopardy due-process ineffective-counsel plea-agreement plea-bargaining state-vs-federal-law
Latest Conference: 2020-11-06
Question Presented (from Petition)

New Mexice's anti-waiver statute void? If so!

2. I's the decision by the New Mexico District Court contory te New Mexico's anti-wai ver statute and the Federal Courts rulings- regarding double jeopardy-in Yalentine v. Konteh and Cnited States v. Broce? And is this due to dn unreasonable application of the New Mexico's Supreme Court ruling in State v. Lente?

3, When a state has an anti-waiver statute for double jeopordyg can a state Court hold a defendant to a plea agreement where thedleferdont waived his constifutional rights but later shows his right to double geop ardy was violated and applies the States anti-waiver statute?

4. Con a defendant Knowingly, voluntarilly, intelligently plead to charges that place him in double jeopardy, since double jeopardy would indicate the defendant did not have adequate notice of the charpes?

5. Did the New Mexico Coort of Appeals correctiy interpret and opply United States v. Broce where it defermined Broce held: that where Hhere is a statute prohibiting waiver of specific rights, those rights cannot be waived by angthing a defendant said at a plea heartmg?

6.Con, a State Court hold a defendont to a plea agreement claiming the defendont waired all his rights, even if Hhe statute he allegedly violated did infelligently,ond voluntarily plead to an illegal sentence?).

7. Io Counsel ineffectire when he knowingly allows a defendant to be placed in double geopordy and allows him to be chorged with a statate that did not exist at Hhe time of the alleged crime?

8.Is Counsel ineffective if he fails to investigate ahat may lead to a valid Foarth Amendment violation claim ond suppression of exidence where the evidence which might have distinguished identically charged countsondenabled defer dant to produce alibis?

Question Presented (AI Summary)

Where New Mexico's anti-waiver statute violates double jeopardy

Docket Entries

2020-11-09
Petition DENIED.
2020-10-22
DISTRIBUTED for Conference of 11/6/2020.
2020-08-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2020)

Attorneys

Monte Whitehead
Monte Whitehead — Petitioner