No. 22-7229
IFP
Tags: capital-murder due-process guilty-plea judicial-misrepresentation lynch-v-arizona parole parole-eligibility sentencing simmons-v-south-carolina
Latest Conference:
2023-09-26
Question Presented (from Petition)
1. Should this Court grant certiorari, vacate the decision below, and remand this case, as it did with six similarly situated petitioners in Burns v. Arizona, No. 21-847, 2023 WL 2357300 (U.S. Mar. 6, 2023) (mem.), because the lower court's opinion is inconsistent with Cruz?
2. Are Petitioner's guilty pleas involuntary thus warranting summary reversal where they are predicated upon the trial judge's misrepresentation that life with the possibility of parole was a sentencing option, when in fact, it was not?
Question Presented (AI Summary)
Whether Petitioner's guilty pleas were involuntary due to the trial judge's misrepresentation that life with the possibility of parole was a sentencing option, when in fact it was not
Docket Entries
2023-11-03
Judgment and mandate issued.
2023-10-02
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Cruz v. Arizona, 598 U. S. ___ (2023).
2023-08-17
DISTRIBUTED for Conference of 9/26/2023.
2023-08-17
Reply of petitioner Manuel Ovante, Jr. filed. (Distributed)
2023-08-03
Brief of respondent Arizona in opposition filed.
2023-07-17
Motion to extend the time to file a response is granted and the time is further extended to and including August 4, 2023.
2023-07-14
Motion to extend the time to file a response from July 21, 2023 to August 4, 2023, submitted to The Clerk.
2023-07-14
Response to motion from petitioner Manuel Ovante, Jr. filed.
2023-06-29
Motion to extend the time to file a response is granted and the time is further extended to and including July 21, 2023.
2023-06-27
Motion to extend the time to file a response from July 7, 2023 to July 21, 2023, submitted to The Clerk.
2023-04-26
Motion to extend the time to file a response is granted and the time is extended to and including July 7, 2023.
2023-04-25
Motion to extend the time to file a response from May 8, 2023 to July 7, 2023, submitted to The Clerk.
2023-04-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2023)
2023-01-10
Application (22A620) granted by Justice Kagan extending the time to file until April 7, 2023.
2023-01-05
Application (22A620) to extend the time to file a petition for a writ of certiorari from February 6, 2023 to April 7, 2023, submitted to Justice Kagan.
Attorneys
Arizona
Laura Patrice Chiasson — Arizona Attorney General, Respondent
Jeffrey Lee Sparks — Arizona Attorney General, Respondent
Manuel Ovante, Jr.
Garrett W. Simpson — Garrett Simpson PLLC, Petitioner