No. 20-6018

Win Min Htut v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al.

Lower Court: Third Circuit
Docketed: 2020-10-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-law constitutional-rights counsel-performance criminal-procedure due-process guilty-plea ineffective-assistance-of-counsel legal-procedure plea-agreement plea-bargaining
Latest Conference: 2020-11-20
Question Presented (from Petition)

1. Can a guilty plea which contains impossible and illegal clauses be entered into intelligently, knowing ly, and voluntarily?

2. Is the Due Process Clause to the United States Constitu tion offended when a defendant signs a guilty plea which forbids him from challenging the stewardship-of —the counsel —who —assisted him signing the plea?in

Question Presented (AI Summary)

Can a defendant intelligently, knowingly, and voluntarily waive his right to challenge the effectiveness of his counsel by signing a guilty plea?

Docket Entries

2020-11-23
Petition DENIED.
2020-11-05
DISTRIBUTED for Conference of 11/20/2020.
2020-10-30
Waiver of right of respondent Lehigh County Office of the District Attorney, Pennsylvania to respond filed.
2020-09-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 16, 2020)

Attorneys

Lehigh County Office of the District Attorney, Pennsylvania
James B. MartinDistrict Attorney of Lehigh County, Respondent
Win Min Htut
Win Min Htut — Petitioner