No. 20-6327

Terry Charles Carroll v. United States

Lower Court: Fifth Circuit
Docketed: 2020-11-16
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure fifth-circuit plea-bargaining standard-of-review supervisory-powers supreme-court
Latest Conference: 2021-01-08
Question Presented (from Petition)

Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Circuit")–which held plain error would be the standard of review on the defendant's motion to withdraw a plea of guilty–conflicts with the decisions of this Court on an important matter and therefore the decision by the Fifth Circuit calls for an exercise of this Court's supervisory powers such that a compelling reason is presented in support of discretionary review by this Honorable Court.

Furthermore, whether the decision of the Fifth Circuit–as to whether there was any error, plain or otherwise, on the denial of the motion to withdraw a plea of guilty–conflicts with this Court and therefore the decision by the Fifth Circuit calls for an exercise of this Court's supervisory powers such that a compelling reason is presented in support of discretionary review by this Honorable Court.

Question Presented (AI Summary)

Whether the standard of review on a motion to withdraw a guilty plea conflicts with Supreme Court precedent

Docket Entries

2021-01-11
Petition DENIED.
2020-12-10
DISTRIBUTED for Conference of 1/8/2021.
2020-12-01
Waiver of right of respondent United States to respond filed.
2020-11-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2020)

Attorneys

Terry Carroll
James Scott SullivanLaw Offices of J. Scott Sullivan, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent