plea-colloquy
44 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6347 | Jim Lundi v. United States | Eleventh Circuit | 2025-12-12 | Denied | Response WaivedIFP | appellate-counsel conflict-of-interest direct-appeal ineffective-assistance plea-colloquy waiver-of-counsel | 1.) Whether Nu appointment of Coun Se | who labors \wh eres \S o bust ok. Aescrehiow 2 ——Aypetlate Counsels fale ' 2.)\whedher \ mdi' Dlea colloquy e… |
| 25-5950 | Adedayo Hakeem Sanusi v. United States | Ninth Circuit | 2025-10-24 | Denied | Response WaivedIFP | due-process fifth-amendment grand-jury-indictment ineffective-assistance plea-colloquy sixth-amendment | 1. Whether defense counsel renders constitutionally ineffective assistance under the Sixth Amendment when, for financial gain, he affirmatively lies t… |
| 25A379 | Edin Anael Solis-Rodriguez v. United States | Fourth Circuit | 2025-10-02 | Presumed Complete | circuit-split guilty-plea plain-error plea-colloquy rule-11 substantial-rights | Whether, under plain-error review, courts properly consider a defendant's failure to object to a Rule 11 plea colloquy error when determining if that … | |
| 24A1216 | Kelechi Collins Umeh v. United States | First Circuit | 2025-06-10 | Presumed Complete | bank-fraud criminal-procedure guilty-plea jury-trial plea-colloquy structural-error | Whether it is structural error for a court to accept a criminal defendant's guilty plea without informing him of his right to a jury trial. | |
| 24-5030 | Lani Lucas Limane, aka Lukasz Chad Limane v. United States | Fifth Circuit | 2024-07-09 | Denied | Response WaivedIFP | aggravated-identity-theft criminal-procedure criminal-procedure-error identity-theft indictment indictment-variance plain-error plea-bargaining plea-colloquy predicate-offense rule-11 | Was it plain error for a District Court to convict Petitioner on his plea of guilty to a crime never charged in the governing Indictment? When the su… |
| 23-7733 | Thomas Richard Ward v. Virginia | Virginia | 2024-06-20 | Denied | IFP | constitutional-rights coram-vobis criminal-procedure criminal-record-expungement cruel-and-unusual-punishment due-process plea-bargain plea-colloquy protection-order-violation | Whether or not Petitioner's Due Process according to U.S. Amendments V, VI, & XIV was violated due to errors Coram Vobis committed in the plea colloqu… |
| 23-6724 | Terrence Michael Taylor, aka Terrance Michael Taylor v. United States | Tenth Circuit | 2024-02-12 | Denied | IFP | 18-usc-922g appellate-review circuit-split constitutional-claim double-jeopardy firearm-possession guilty-plea plea-colloquy statutory-interpretation unit-of-prosecution | In Blackledge v. Perry, 417 U.S. 21 (1974), and Menna v. New York, 423 U.S. 61 (1975), this Court held that a defendant who pleads guilty can still ra… |
| 23-6178 | Decardo Moore v. United States | Sixth Circuit | 2023-12-06 | Denied | Response WaivedIFP | concurrent-sentencing criminal-sentencing fact-finding intent-finding mental-health mental-illness plea-colloquy procedural-reasonableness second-degree-murder sentencing-errors substantive-reasonableness venue-insufficiency | Question I - Was there adequate consideration at sentencing of Moore's mental illness such as to make his sentence procedurally and substantively erro… |
| 23-5131 | Xavier Dominique Garris v. United States | Fourth Circuit | 2023-07-19 | Denied | Response WaivedIFP | criminal-procedure due-process fourth-circuit harmless-error judicial-review plea-bargaining plea-colloquy rehaif-error remand standard-of-review trial-probability | 1. WHETHER, IN A CASE WHERE REHAIF ERROR OCCURRED, THE FOURTH CIRCUIT ERRED IN FAILING TO REMAND THE CASE TO THE DISTRICT COURT TO MAKE THE DETERMINAT… |
| 22-7566 | Byron Keith Howard v. United States | Fourth Circuit | 2023-05-16 | Denied | Response WaivedIFP | automatic-right-to-withdraw criminal-procedure due-process factual-basis federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-colloquy right-to-be-informed rule-11 voluntary-plea | Must a defendant be informed at the Rule 11 plea colloquy of a factual basis to support the defendant's plea of guilty before the court can accept the… |
| 22-7494 | Floyd Ellis Wyche v. United States | Eleventh Circuit | 2023-05-09 | Denied | Response WaivedIFP | appeal-waiver conviction conviction-appeal criminal-procedure due-process plea-bargaining plea-colloquy rule-11 sentencing | Rule 11(b)(1)(N) of the Federal Rules of Criminal Procedure requires that a district court conducting a plea colloquy inquire into the defendant's kno… |
| 22-6978 | Dechaun Toliver v. Jay Forshey, Warden | Sixth Circuit | 2023-03-09 | Denied | Response WaivedIFP | criminal-conviction due-process enterprise ineffective-assistance ineffective-counsel plea-bargaining plea-colloquy plea-negotiation rico rico-laws | 1. Under the RICO Laws, can a conviction stand without the existence of a "Enterprise", a group of people associated in fact? Or without corrupt acts … |
| 22-6128 | Christopher Erwin v. United States | Third Circuit | 2022-11-21 | Denied | Response WaivedIFP | 28-usc-2255 circuit-split cooperation-agreement downward-departure ineffective-assistance ineffective-assistance-of-counsel plea-colloquy section-2255-motion sentencing-guidelines statutory-maximum | 1. Did the Circuit Court err in affirming the district court's decision to deny, without a hearing, Petitioner's motion pursuant to 28 U.S.C. § 2255 b… |
| 22-5496 | Vance L. White v. Texas | Texas | 2022-09-01 | Denied | IFP | court-modification criminal-procedure grand-jury indictment-elements ineffective-assistance-of-counsel judicial-discretion plea-bargaining plea-colloquy sentencing statutory-maximum | Can H)t Tudyz modipy the. essentiac elements set Qonth In the /'ndittment cn~ the. Plea CoUoquy? Coin -the. Court Armnd M indictment- (oithout dAt te… |
| 21-8184 | Michael Kelly v. Jeremy Larson, Warden | Eighth Circuit | 2022-06-17 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment 6th-amendment constitutional-rights disproportionate-sentence ex-post-facto ineffective-assistance plea-colloquy postconviction-counsel sentencing-proportionality | 1. WHETHER The United States Court of Appeals in The Eighth Circuit ERR IN NOT FINDING THAT KELLY HAD A RIGHT TO HAVE THE EFFECTIVE ASSISTANCE OF POST… |
| 21-7183 | Ruth Diaz-Burgos v. United States | Eleventh Circuit | 2022-02-23 | Denied | Response WaivedIFP | criminal-procedure district-court federal-rules-of-criminal-procedure fifth-amendment interrogation plea-bargaining plea-colloquy self-incrimination | The district court, in conducting a change of plea hearing, failed to advise Petitioner of her right to be free from compelled self-incrimination befo… |
| 21-5748 | Kyle Evan Peterson v. United States | Ninth Circuit | 2021-09-22 | Denied | Response WaivedIFP | child-pornography circuit-split criminal-procedure exclusionary-rule knowledge-element plea-bargaining plea-colloquy post-hoc-warrant united-states-v-x-citement-video | 1. The Sixth and Ninth Circuits are split on whether, during a plea colloquy in a child pornography case, the district judge must explain to the defen… |
| 20-8408 | Scott R. Deichsel v. Lizzie Tegels, Warden | Seventh Circuit | 2021-06-23 | Denied | Response WaivedIFP | appellate-counsel certificate-of-appealability denial-of-constitutional-rights due-process federal-constitutional-right federal-constitutional-rights ineffective-assistance-of-counsel plea-colloquy state-law | 1. This Court should grant review to determine whether and in what circumstances such a Certificate of Appealabilty issued can be vacated. 2. This Co… |
| 20-8326 | Michael Adefemi Adeyemo, aka Adekunle Olufemi Adetiloye v. United States | Eighth Circuit | 2021-06-16 | Denied | Response WaivedIFP | criminal-procedure fifth-amendment incriminating nexus-requirement obstruction-of-justice plea-colloquy self-incrimination separate-offense testimonial | I. Whether the Fifth Amendment "self-incrimination clause" protects a defendant during the change of plea colloquy against compulsory self-disclosure … |
| 20-8122 | Andi Mustafa v. Michigan | Michigan | 2021-05-25 | Denied | IFP | criminal-procedure due-process factual-basis ineffective-assistance ineffective-assistance-of-counsel no-contest-plea plea-bargaining plea-colloquy plea-withdrawal search-and-seizure search-warrant | Is Plaintiff entitled to withdraw his no contest plea when he was not interrogated by the judge to determine the factual basis for his plea and the Ju… |
| 20-8091 | Steven Zapata v. Kentucky | Kentucky | 2021-05-20 | Denied | Response WaivedIFP | competency constructive-denial-of-counsel criminal-procedure cronic-standard cronic-v-united-states guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-colloquy strickland-standard strickland-v-washington | I. Does the constructive denial of counsel standard under Cronic v. United States or the ineffective assistance of counsel standard under Strickland v… |
| 20-1352 | Alexander Christian Miles v. United States | Tenth Circuit | 2021-03-25 | Denied | Response Waived | appellate-waiver collateral-attack collateral-attack-waiver contract-interpretation contract-law judicial-interpretation plea-agreement plea-colloquy | Whether oral pronouncements by the court or the government at a plea colloquy which clarify the extent of an appellate and collateral attack waiver in… |
| 20-7197 | Roberto Elias Martinez v. United States | Fifth Circuit | 2021-02-23 | Denied | Response WaivedIFP | criminal-procedure district-court due-process maximum-term plain-error plea-bargaining plea-colloquy sentencing statutory-maximum | Whether plain error resulted from the district court erroneously advising the client during plea colloquy that the maximum term of imprisonment was 10… |
| 20-6976 | Timothy Tijwan Doctor v. United States | Eleventh Circuit | 2021-01-28 | Denied | Response WaivedRelisted (2)IFP | armed-career-criminal-act criminal-procedure different-occasions federal-court non-elemental-facts plea-colloquy prior-offenses sentencing sentencing-enhancement | 1. Whether a federal court may increase a defendant's sentence under the Armed Career Criminal Act (ACCA) by relying on its own finding about non-elem… |
| 20-6668 | Christopher Zamarripa v. United States | Fifth Circuit | 2020-12-21 | Denied | IFP | ambiguity appeal-waiver circuit-split criminal-procedure district-court due-process judicial-interpretation plea-bargaining plea-colloquy procedural-ambiguity | Does a district court's mischaracterization, during the plea colloquy, of an appeal waiver create an ambiguity that must be construed against the gove… |
| 20-6426 | Jose Farias-Valdovinos v. United States | Eighth Circuit | 2020-11-24 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure factual-basis mens-rea plea-bargaining plea-colloquy rule-11 specific-intent specific-intent-crime | Whether the district court's omission of an independent inquiry into a defendant's mens rea during the Rule 11 plea colloquy for a specific intent cri… |
| 20-444 | United States v. Michael Andrew Gary | Fourth Circuit | 2020-10-07 | Judgment Issued | Amici (5) | criminal-law criminal-procedure due-process felon-in-possession firearm-possession mens-rea plain-error plain-error-rule plea-bargaining plea-colloquy substantial-rights | Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled t… |
| 20-5768 | RaySean D. Barber v. Todd Wasmer, Warden | Eighth Circuit | 2020-09-28 | Denied | IFP | criminal-procedure due-process effective-assistance-of-counsel factual-basis information motor-vehicle-operation plea-colloquy proximate-cause | Was Appellant denied Due Process of Law and Effective Assistance of Counsel where the charging document (information) did not include within the state… |
| 20-5636 | Miguel Figueroa v. United States | Second Circuit | 2020-09-10 | Denied | Response WaivedIFP | criminal-conviction criminal-procedure due-process federal-jurisdiction gun-statute plea-bargaining plea-colloquy predicate-offense sentencing sentencing-enhancement statutory-interpretation | Whether a defendant's statement during a plea colloquy admitting conduct that could serve as a predicate for a conviction for use of a gun under 18 U.… |
| 20-5453 | Jose Luis Sanchez-Rosado v. United States | Eleventh Circuit | 2020-08-24 | Denied | Relisted (3)IFP | appellate-review circuit-split constitutional-error criminal-conviction criminal-procedure due-process fourth-circuit harmless-error involuntary-plea plea-bargaining plea-colloquy standard-of-review | Whether an unconstitutional conviction based on a plea colloquy that omitted an element of the offense must be reversed where the defendant objected t… |
| 19-7705 | Michael Roman Burghardt v. United States | First Circuit | 2020-02-19 | Denied | Response WaivedIFP | circuit-split criminal-defendant criminal-procedure-waiver direct-appeal element-of-offense elements-of-offense indictment plain-error-review plea-colloquy rehaif-v-united-states sentencing-enhancement supreme-court-precedent waiver | 1. Whether a criminal defendant has waived a claim that the indictment failed to charge an element of the offense where the claim arose while his case… |
| 19-7161 | Aaron Michael Murray v. United States | Eleventh Circuit | 2020-01-03 | Denied | Response WaivedIFP | burden-of-proof constitutional-protections criminal-procedure federal-rules federal-rules-of-criminal-procedure guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-bargaining plea-colloquy sentencing withdrawal-of-plea | Whether third-party affidavits filed with a motion to withdraw a guilty plea before sentencing, claiming ineffective assistance of counsel, overcomes … |
| 19-5779 | Eduardo Rodriguez-Lopez v. Florida | Florida | 2019-09-03 | Denied | IFP | constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-colloquy right-to-defense sixth-amendment strickland strickland-standard | 1. Consistent with the Sixth Amendment, and this Court's decisions in Strickland may the State rely on the plea colloquy as to a prisoner acknowledgin… |
| 19-5656 | Armando J. Mena v. Rosemary Ndoh, Warden | Ninth Circuit | 2019-08-21 | Denied | Response WaivedIFP | constitutional-rights due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-colloquy presumption presumption-of-regularity silent-record standard-of-review | Whether the Ninth Circuit misapplied Henderson v. Morgan, 426 U.S. 637 (1976), in concluding that a state court could reasonably presume from a silent… |
| 18-8824 | Darren Gonzales v. United States | Tenth Circuit | 2019-04-15 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-law criminal-procedure due-process factual-basis money-laundering plea-bargaining plea-colloquy rule-11 sentencing | After the Court's decision in Cuellar v. United States, does a defendant who merely parrots the language of the concealment money laundering statute s… |
| 18-8133 | Daryl Mingo v. United States | Eleventh Circuit | 2019-02-26 | Denied | Response WaivedIFP | criminal-procedure criminal-procedure-plea-bargaining drug-trafficking due-process firearm-offense firearms plea-bargaining plea-colloquy sentencing statutory-construction | When Congress enacted and amended 18 U.S.C. Section 924(C)(1)(A) periodically, did Congress give federal criminal courts discretion to make their own … |
| 18-7900 | Jorge Ernesto Blanco-Rodriguez v. United States | Fifth Circuit | 2019-02-11 | Denied | Response WaivedIFP | criminal-procedure direct-appeal guilty-plea immigration-consequences ineffective-assistance ineffective-assistance-of-counsel non-citizen-defendant padilla-v-kentucky plea-bargaining plea-colloquy supervisory-power | In the Padilla v. Kentucky, 559 U.S. 356 (2010), this Honorable Court held that a criminal defense lawyer is ineffective when the lawyer fails to advi… |
| 18-7715 | Jose Flores v. United States | Fifth Circuit | 2019-02-01 | Denied | Response WaivedIFP | criminal-procedure district-court-discretion drug-quantity due-process federal-rules-of-criminal-procedure minor-role minor-role-reduction plea-bargaining plea-colloquy rule-11 sentencing sentencing-guidelines standard-of-review ussg-3b1.2 | Was the District Court's failure to determine a factual basis, and to insure that defendant understood the nature of the charges, in violation of Rule… |
| 18-7072 | Kenneth Harper v. United States | Second Circuit | 2018-12-17 | Denied | Response WaivedIFP | appellate-review criminal-procedure due-process guilty-plea harmless-error judicial-error plea-bargaining plea-colloquy rule-11 sentencing-guidelines | Has United States v. Vonn, 535 U.S. 55 (2005), and its progeny stripped the Courts of Appeal of the ability to meaningfully supervise the plea colloqu… |
| 18-6879 | Darren Hogue v. Brad Cain, Superintendent, Snake River Correctional Institution | Ninth Circuit | 2018-11-29 | Denied | Response WaivedIFP | appellate-review circuit-court-decision due-process federal-courts federal-habeas-corpus habeas-corpus ineffective-assistance-of-counsel plea-bargaining plea-colloquy sixth-amendment standard-of-review waiver-hearing | Did the Ninth Circuit's memorandum decision contravene this Court's command that a proper review of a viable Sixth Amendment claim of ineffective assi… |
| 18-6557 | Casey O'Dell v. United States | Third Circuit | 2018-11-02 | Denied | Response WaivedIFP | circuit-split criminal-procedure criminal-procedure-rule-11 due-process federal-rules-criminal-procedure plea-bargaining plea-colloquy structural-error united-states-v-gonzalez-lopez | 1. WHETHER: THE FED.R.CRIM.P. 11(b)(1)(N) RULE WAS VIOLATED BY THE INADEQUACY OF THE CHANGE OF PLEA COLLOQUY? 2. WHETHER THE DECISION THE THIRD CRICU… |
| 18-6401 | James Gabriel Smith v. United States | Sixth Circuit | 2018-10-23 | Denied | Response WaivedIFP | appellate-review competency criminal-procedure due-process federal-rules-of-criminal-procedure informed-consent judicial-process plea-bargaining plea-colloquy rule-11-procedure | FED. R. CRIM. P. 11 requires district courts to engage in a specific, on-the-record plea colloquy. In reviewing a plea colloquy, is it sufficient for … |
| 18-6366 | John A. Barbosa v. United States | First Circuit | 2018-10-17 | Denied | Response WaivedIFP | armed-career-criminal-act carachuri-rosendo carachuri-rosendo-v-holder charging-decision charging-document circuit-split judgment maximum-sentence plea-colloquy prosecutorial-discretion record-of-conviction rodriguez-precedent serious-drug-offense state-drug-offense | The Court's decision in United States v. Rodriquez, which it clarified in Carachuri-Rosendo v. Holder, instructs lower courts to look to the record of… |
| 18-5680 | Reginald McGee v. United States | Fifth Circuit | 2018-08-21 | Denied | Response WaivedIFP | aggravated-assault armed-career-criminal armed-career-criminal-act commerce-clause criminal-procedure indictment mandatory-minimum mandatory-minimum-sentence plea-colloquy sentencing-enhancement violent-felony | I. The district court reverisbly erred when it determined that the defendant's prior conviction for aggravated assault was a violent felony qual ifyin… |