No. 20-6106

Rafael Cruz v. United States

Lower Court: Fifth Circuit
Docketed: 2020-10-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights coerced-confession criminal-procedure due-process guilty-plea ineffective-assistance mental-disability plea-bargaining sentencing sixth-amendment voluntariness
Latest Conference: 2020-12-04
Question Presented (from Petition)

When the District Court denied to issue a Certificate of Appealability, then a jury picked Court abused its discretion when the Defendant was forced to unknowingly plead guilty to "Hostage Taking" when the Record shows that the Court needed that the Defendant believed he was guilty of kidnapping and the Court promised he could present his evidence on witness at sentencing is extreme level of victim interference which effectively violates both the Sixth Amendment rights, and does it affect the Voluntary and Informed Nature of a guilty plea?

When the District Court during a Rule 11 hearing, tells the Defendant "you thought you were Guilty to kidnapping" yet he that the facts that's what's presented and that's how the judgment itself is proven above, the Court's clear acknowledgment of the Defendant's believe is allowed for only pleading then by actions arising in

Present Court continuously before Oto Hostage Taking as "kidnapping" Heeding that the Defendant believes he's there to plead to "kidnapping", and factoring in the fact the Court was in of the Defendant's appointed mental disability where he has "trouble about his" things does this affect the Answering of Voluntary, Nature of the Plea?

When the Defendant said that he understood he was pleading "guilty" to kidnapping potentially on yet whole a thing You Read" and the Court abuses discretion and acknowledges an agent as the Court played in when the Court did the patent, Convince the Defendant that he could plea to kidnapping on guilty plea to live sentence or be able to "Hostage Taking"?

Question Presented (AI Summary)

Whether the district court erred in denying the defendant's request for a certificate of innocence, when the defendant had pled guilty to 'hostage taking' but the record shows the defendant believed he was pleading guilty to kidnapping and the court promised he could present evidence at sentencing that he was not actually guilty of the charged offense

Docket Entries

2020-12-07
Petition DENIED.
2020-11-12
DISTRIBUTED for Conference of 12/4/2020.
2020-11-05
Waiver of right of respondent United States to respond filed.
2020-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 20, 2020)

Attorneys

Rafael Cruz
Rafael Cruz — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent