No. 21-6734

Roger Dale Epperson v. Kentucky

Lower Court: Kentucky
Docketed: 2021-12-28
Status: Denied
Type: IFP
IFP
Tags: constitutional-law counsel-concession criminal-defense criminal-procedure defendant-autonomy due-process factual-innocence right-to-counsel trial-strategy
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-04-29
Question Presented (from Petition)

1) Does McCoy apply where the defendant made clear to counsel the objective of the defense is to maintain innocence, only for counsel to then concede guilt, without the defendant then contemporaneously objecting to the trial court, as Alabama, California, Florida, Georgia, Massachusetts, Minnesota, Oregon, Texas, Wisconsin, and the United States Court of Appeals for the Fourth and Eighth Circuits Circuit have held, or does McCoy require a defendant to make a contemporaneous on-the-record objection before the trial court, as Kentucky, Michigan, and Oklahoma have held?

2) Does McCoy apply where counsel conceded guilt of an element of an offense despite the defendant's objective to maintain factual innocence of criminal activity, as California, Oregon, the United States District Court for the Northern District of Illinois, and the Army Court of Appeals have held, or does McCoy apply only where counsel conceded guilt of all the elements of the charged offense, as the United States Court of Appeals for the Second and Eleventh Circuits, and the States of Georgia, Kentucky, and Washington have held?

Question Presented (AI Summary)

Does McCoy apply where the defendant made clear to counsel the objective of the defense is to maintain innocence, only for counsel to then concede guilt, without the defendant then contemporaneously objecting to the trial court

Docket Entries

2022-05-02
Petition DENIED.
2022-04-23
Supplemental brief of petitioner Roger Epperson filed.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-04-05
Reply of petitioner Roger Epperson filed.
2022-03-28
Brief of respondent Kentucky in opposition filed.
2022-03-11
Supplemental brief of petitioner Roger Epperson filed.
2022-01-12
Motion to extend the time to file a response is granted and the time is extended to and including March 28, 2022.
2022-01-11
Motion to extend the time to file a response from January 27, 2022 to March 28, 2022, submitted to The Clerk.
2021-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 27, 2022)

Attorneys

Commonwealth of Kentucky
Matthew Franklin KuhnOffice of Attorney General of Kentucky, Respondent
Roger Epperson
David M. BarronKentucky Department of Public Advocacy, Petitioner