No. 20-7870

Scott Raymond Tignor v. United States

Lower Court: Tenth Circuit
Docketed: 2021-04-28
Status: Denied
Type: IFP
IFP
Tags: appellate-review criminal-procedure due-process elements-of-offense guilty-plea plea-voluntariness rehaif-v-united-states standard-of-review united-states-v-gary
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (from Petition)

When a defendant argues for the first time on appeal that his guilty plea was not knowing and voluntary because he was not informed of the elements of the offense, and it is undisputed that he did not in fact know the elements of the offense at the time of his plea, must he additionally make a case specific demonstration of prejudice in order to prevail?

Question Presented (AI Summary)

When a defendant argues for the first time on appeal that his guilty plea was not knowing and voluntary because he was not informed of the elements of the offense, and it is undisputed that he did not in fact know the elements of the offense at the time of his plea, must he additionally make a case-specific demonstration of prejudice in order to prevail?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-15
DISTRIBUTED for Conference of 9/27/2021.
2021-06-25
Memorandum of respondent United States of America filed.
2021-05-07
Motion to extend the time to file a response is granted and the time is extended to and including June 28, 2021.
2021-05-06
Motion to extend the time to file a response from May 28, 2021 to June 28, 2021, submitted to The Clerk.
2021-04-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2021)

Attorneys

Scott Tignor
Kathleen ShenOffice of the Federal Public Defender, Districts of Colorado and Wyoming, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent