No. 23-121

Patrick Shin v. United States

Lower Court: Ninth Circuit
Docketed: 2023-08-08
Status: Denied
Type: Paid
Response Waived
Tags: coram-nobis criminal-case criminal-procedure defendant-decision-making ineffective-assistance plea-bargaining post-hoc-assertion prejudice strickland-standard strickland-v-washington writ-of-error
Key Terms:
DueProcess HabeasCorpus Immigration
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Whether a district court may require
an additional showing of prejudice to grant a writ of
coram nobis in a criminal case, and, if so, whether
the required showing of prejudice is consistent with
the standard set forth in Strickland v. Washington,
466 U.S. 668 (1984), wherein the district court
must analyze the defendant's decision making
process, identify the determinative issue for the
defendant, and analyze and resolve whether
contemporary evidence supported the defendant's
post hoc assertion that, if properly advised, the
defendant would have gone to trial rather than
plead guilty.

2. Whether Bryan v. United States, 524
U.S. 184 (1998) overruled United States v. Carrier,
654 F.2d 559, 561 (9th Cir. 1981), by requiring a
showing that the defendant had knowledge that the
false statement was unlawful to prove a willful
state of mind when prosecuting an illegal false
statement under 18 U.S.C. §1001.

Question Presented (AI Summary)

Whether a district court may require an additional showing of prejudice to grant a writ of coram-nobis

Docket Entries

2023-10-02
Petition DENIED.
2023-08-23
DISTRIBUTED for Conference of 9/26/2023.
2023-08-15
Waiver of right of respondent United States to respond filed.
2023-07-20
Petition for a writ of certiorari filed. (Response due September 7, 2023)

Attorneys

Patrick Shin
David Justin MinkinMcCorriston Miller Mukai MacKinnon LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent