No. 20-7740

Jason Robert Vickers v. Kenneth Diggs, Warden

Lower Court: Fourth Circuit
Docketed: 2021-04-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-indictment criminal-procedure due-process evidence-fabrication exculpatory-evidence guilty-plea ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct wrongful-conviction
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-06-03
Question Presented (from Petition)

Whether a Criminal defendant is indicted in order to charge and/or convict with a harsher Crime, if a Criminal defendant is indicted with a particular offense but the elements of that particular offense do not support that offense can a defendant challenge the indictment?

Whether Coerced guilty plea/ing indicts a often embellished in or is Police Reports personare o crime and the evidence. On a Major Conviction after on r a i fAontj innocent people they d'd noi Commi f Tf aQSSentia.il y blackmailed into pleadmj ^vi Ity 4t> Criminal defendant pleads yui 14j her fromCrimes Ore. 4o a. -felony1 does 14 preclude him or resent'y nevJ evidence. ^-Xonerashna -Hem erf -fhe Crime and cure they ^nftted 4o On eviderdiary heartyJ On the. matter?

The Systemic. destruction of potentially Cxcu/partvry evidence a-f4er a Criminal processdefendan4s Conviction continues fo he a. dve Violation -tor many innocent state, has a dear statutory prisoners. Oa/A testy IS Conclusive Ound u/h duty ~hv preserve physical evidence after a Conviction t Ondl (4 impunltively destroys -that evidence, does Hat Constitute had -faith and if 1 f does uihat IS Heen a remedy ?

The public Defenders Office is routinely appointed 4o represent indiyent Criminal defendants and V overwhelmed with dien-h, Does if Constitute ineffective when assistance of Counsel when a defendant is Coerced i^to plead iny jv>)ty had Counsel produced a proper defense af trial , a different oufc would o*ne likely have occurred ?

Question Presented (AI Summary)

Whether a criminal defendant can challenge an indictment and/or conviction after a coerced guilty plea

Docket Entries

2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-12
Waiver of right of respondent Kenneth Diggs to respond filed.
2021-04-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 14, 2021)

Attorneys

Jason Robert Vickers
Jason Robert Vickers — Petitioner
Kenneth Diggs
Kimberly Nicole CallahanNorth Carolina Department of Justice, Respondent