No. 22-850

Jacqueline Graham v. United States

Lower Court: Second Circuit
Docketed: 2023-03-08
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: effective-assistance-of-counsel party-presentation-rule plea-bargaining sixth-amendment united-states-v-sineneng-smith waiver
Latest Conference: 2023-04-14
Question Presented (from Petition)

1. Whether a defendant waives her Sixth Amendment claim by not asking the trial court to reinstate a plea offer that expired before her counsel conveyed it to her, where the defendant did not know that she had a right to have the plea offer reinstated.

2. Whether a court of appeals violates the party-presentation rule stated in United States v. Sineneng-Smith, 140 S. Ct. 1575 (2020), by ruling on an issue that the parties did not raise and that the prevailing party expressly abandoned twice at oral argument.

Question Presented (AI Summary)

Whether a defendant waives her Sixth Amendment claim by not asking the trial court to reinstate a plea offer that expired before her counsel conveyed it to her, where the defendant did not know that she had a right to have the plea offer reinstated

Docket Entries

2023-04-17
Petition DENIED.
2023-03-22
DISTRIBUTED for Conference of 4/14/2023.
2023-03-17
Waiver of right of respondent United States of America to respond filed.
2023-03-02
Petition for a writ of certiorari filed. (Response due April 7, 2023)

Attorneys

Jacqueline Graham
Harry SandickPatterson Belknap Webb & Tyler LLP, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent