No. 21-7060

Christopher N. Bilynsky v. Maine

Lower Court: Maine
Docketed: 2022-02-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: boykin-v-alabama constitutional-rights due-process jury-trial self-incrimination sentencing-exposure stipulation waiver
Key Terms:
DueProcess CriminalProcedure HabeasCorpus Privacy
Latest Conference: 2022-02-25
Question Presented (from Petition)

(a) Do the Due Process Clauses and Boykin v. Alabama, 395 U.S. 238 (1969) mandate that, before a trial court accepts stipulations as to elements of offenses, including elements that by themselves increase sentencing exposure, it conduct an on-the-record colloquy demonstrating that the defendant knowingly, intelligently and voluntarily waives the attendant constitutional privilege against self-incrimination and the right to a jury trial?

(b) Where a defendant's attorney, but not the defendant himself, signs a stipulation to elements of offenses, including an element that, by itself, increases sentencing exposure, and there is no colloquy demonstrating that the defendant personally assents to the stipulations, may waiver of the attendant constitutional privilege against self-incrimination and the right to a jury trial be presumed?

Question Presented (AI Summary)

Do the Due Process Clauses and Boykin v. Alabama mandate a colloquy before accepting stipulations to offense elements that increase sentencing exposure?

Docket Entries

2022-02-28
Petition DENIED.
2022-02-10
DISTRIBUTED for Conference of 2/25/2022.
2022-02-07
Waiver of right of respondent State of Maine to respond filed.
2022-01-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 7, 2022)

Attorneys

Christopher N. Bilynsky
Rory Abbott McNamaraDrake Law LLC, Petitioner
State of Maine
Donald William MacomberMaine Office of Atty. Gen., Respondent