No. 20-7764

Jamil Stefon Carter v. O'Bell T. Winn, Warden

Lower Court: Sixth Circuit
Docketed: 2021-04-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel jury-selection motion-to-suppress plea-withdrawal right-to-appeal
Latest Conference: 2021-05-13
Question Presented (from Petition)

Ground Ona:
DUE PROCESS REQUIRES PLEA WITHDRAWAL WHERE PETITIONER DID NOT KNOW HIS GUILTY
PLEA WAIVED HIS RIGHT TO APPEAL THE DENIAL OF THE PRE-TRIAL MOTION TO SUPPRESS PETITIONER'S STATEMENT TO A DETECTIVE AND WHERE PETITIONER WAS FRIGHTENED
INTO PLEADING GULTY BY DEFENSE COUNSEL'S FAILURE TO ASK THE QUESTIONS
PETITIONER WANTED PUT TO THE POTENTIAL JURORS DURING SELECTION AND PETITIONER FELT DEFENSE TRIAL COUNSEL HAD LOST INTEREST IN THE CASE. U.S. CONST. AMS VT# XTV.

Ground Two:
DUE PROCESS REQUIRES PLEA WITHDRAWAL WHERE 'TRIAL COUNSEL'S FAILURE TO INFORM
'THE TRIAL COURT THAT PETITIONER HAD INFORMED COUNSEL THAT THE CONFESSION
HE MADE TO DETECTIVE JOHNELL WHITE WAS COMPLETELY FALSE.
TRIAL COUNSEL'S FAILURE TO INFORM PETITIONER OF LESSER RELATED OFFENSES IN
REGARDS TO THE ORIGINAL CHARGES.
•TRIAL COUNSEL'S FAILURE TO FOLLOW THROUGH WITH THE TRIAL COURT DECISION
FOLLOWING PETITIONER'S MOTION TO FIND OUT THE TRUE IDENTITY OF THE PROSECUTION
WITNESS LORENZO PETRIS.
TRIM, COUNSEL'S FAILURE TO INFORM PETITIONER THAT HIS GUILTY PLEA WOULD WAIVE
HIS BRIGHT TO APPEAL THE PRE-TRIAL MOTION TO A POLYGRAPH EXAM.
COUNSEL'S USE OF COERCION WHERE PETITIONER EXPRESSED RELUCTANCE DURING
PLEA PROCEEDINGS.
ALL THE ABOVE SHOULD BE CONSTITUTE INEFFECTIVE ASSISTANCE OF COUNSEL. U.S.
CONST. AMS VI, XIV.TRL

Question Presented (AI Summary)

Whether due process requires plea withdrawal where the petitioner was unaware that his guilty plea waived his right to appeal the denial of a pre-trial motion to suppress, was frightened into pleading guilty by defense counsel's failure to ask questions of potential jurors, and felt defense counsel had lost interest in the case

Docket Entries

2021-05-17
Petition DENIED.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-22
Waiver of right of respondent Warden Winn to respond filed.
2021-04-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 14, 2021)

Attorneys

Jamil Stefon Carter
Jamil Stefon Carter — Petitioner
Warden Winn
Fadwa A. HammoudMichigan Department of Attorney General, Respondent