No. 22-6453

Mario Torres v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation

Lower Court: Ninth Circuit
Docketed: 2023-01-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process eyewitness-identification habeas-corpus plea-agreement plea-bargain post-conviction-relief prosecutorial-misconduct right-to-counsel sentencing
Key Terms:
DueProcess Punishment
Latest Conference: 2023-02-17
Question Presented (from Petition)

reneged on the plea bargain.

Whether the District Court is bound by the original plea-agreement. Petitioner was resentenced.

Whether a restitution hearing was held for petitioner to pay additional restitution, the more petitioner fights his case, the more petitioner is resentenced.

Whether a defendant, knowledge of the fact and evidence surrounding their arrest and incarceration, pre & post conviction, allows an inmate to be continually resentenced, without the ability to defend themselves, from the possibility of an unjust system.

Question Presented (AI Summary)

Whether Petitioner can withdraw his plea after district attorney reneged on the plea bargain

Docket Entries

2023-02-21
Petition DENIED.
2023-01-12
DISTRIBUTED for Conference of 2/17/2023.
2023-01-10
Waiver of right of respondent Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation to respond filed.
2022-12-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 3, 2023)

Attorneys

Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation
Jill M. ThayerCalifornia DOJ, Attorney General's Office, Respondent
Mario Torres
Mario Torres — Petitioner