No. 20-8122

Andi Mustafa v. Michigan

Lower Court: Michigan
Docketed: 2021-05-25
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure due-process factual-basis ineffective-assistance ineffective-assistance-of-counsel no-contest-plea plea-bargaining plea-colloquy plea-withdrawal search-and-seizure search-warrant
Latest Conference: 2021-09-27
Question Presented (from Petition)

Is Plaintiff entitled to withdraw his no contest plea when he was not interrogated by the judge to determine the factual basis for his plea and the Judge did not state her reasons for concluding that the proper administration of justice did not require Mr. Mustafa to be Interrogated regarding his participation in a crime?

Is Mr. Mustafa entitled to withdraw his plea where the initial search of his residence was illegal and subsequent searches were done without a valid warrant or the search warrants that were overbroad?

Is Mr. Mustafa entitled to withdraw his plea and request a new trial or evidentiary hearing after Mr. Mustafa entered an involuntary plea because retained counsel rendered ineffective assistance when he failed to ensure the plea record contained sufficient information to establish a factual basis for each charged offense to which Plaintiff pled no contest?

Question Presented (AI Summary)

Plea-withdrawal-issues

Docket Entries

2021-10-04
Petition DENIED.
2021-07-08
DISTRIBUTED for Conference of 9/27/2021.
2020-09-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2021)

Attorneys

Andi Mustafa
Andi Mustafa — Petitioner