plea-hearing
11 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 23-5846 | Jong Whan Kim v. United States | Fourth Circuit | 2023-10-20 | Denied | Amici (1)Response WaivedIFP | circuit-split criminal-procedure federal-courts indictment mens-rea plea-hearing rule-11 | Is it error for a district court to rely on a defendant's pre-hearing review of the indictment to inform him of the nature of the offense? |
| 23-5239 | Samuel Trelawney Hughes v. United States | Ninth Circuit | 2023-07-28 | Denied | Response WaivedIFP | autism-spectrum-disorder boykin boykin-standard change-of-plea cognitive-deficiencies cognitive-deficiency criminal-procedure district-court-record due-process plea-hearing | Did the Ninth Circuit's rejecting Petitioner's due process claim regarding his change-of-plea hearing conflict with Boykin and its progeny, particular… |
| 22-7608 | Phillip L. Horrell v. Illinois | Illinois | 2023-05-22 | Denied | Response WaivedIFP | 14th-amendment ake-v-oklahoma constitutional-rights due-process mental-illness plea-bargaining plea-hearing sanity-examination supervisory-power | 1. Whether the plea of guilty but mentally ill in this case violated due process, due to no sanity examination conducted - or, alternatively, due to t… |
| 21-8274 | Melvin Martinez v. United States | Eleventh Circuit | 2022-06-29 | Denied | Response WaivedIFP | covid-19 criminal-procedure due-process ineffective-assistance-of-counsel plain-error plain-error-review plea-bargaining plea-hearing virtual-proceedings | In light of the reduced reliability of virtual procedures employed during the pre-vaccine period of the COVID-19 pandemic, was the "reasonable probabi… |
| 21-8125 | Carlos Montano v. United States | Ninth Circuit | 2022-06-13 | Denied | Response WaivedRelisted (2)IFP | boykin-standard change-of-plea-hearing constitutional-rights criminal-procedure due-process felony-conviction ninth-circuit plea-bargaining plea-hearing substance-abuse | Did the Ninth Circuit's overlooking Petitioner's due process claim regarding his change-of-plea hearing conflict with Boykin and its progeny, particul… |
| 21-7607 | Devunaire Damorea Sims v. Michigan | Michigan | 2022-04-13 | Denied | IFP | appellate-counsel due-process effective-assistance-of-counsel evidentiary-hearing fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-hearing sixth-amendment | I. Did the Michigan Supreme Court err in denying this issue when Petitioner was denied his Sixth Amendment right to the effective assistance of counse… |
| 19-920 | Boulder Young, aka Boulder Daniel McManigal v. United States | Eighth Circuit | 2020-01-23 | Denied | Response Waived | appeal appeal-waiver circuit-split criminal-procedure due-process harmless-error judicial-discretion plea-bargaining plea-hearing sentencing waiver | Whether the waiver of a right to appeal a judgment of conviction is controlled by the defendant's written waiver or the oral pronouncement of the cour… |
| 19-5447 | Erbey Botello, aka Erbey Botello-Alanis, aka Javier Garcia v. United States | Fifth Circuit | 2019-08-05 | Denied | Response WaivedIFP | circuit-split constitutional-rights due-process federal-sentencing judicial-discretion plea-hearing plea-revocation reasonableness-of-sentence revocation-hearing sentencing sentencing-review supervisory-powers | Whether the decision of the United States Court of Appeals for the Fifth Circuit-which refused to unequivocally recognize the constitutional right to … |
| 18-8626 | Aaron Murray v. United States | Sixth Circuit | 2019-03-29 | Denied | Response WaivedIFP | arrest constitutional-rights criminal-procedure defense-counsel due-process federal-criminal-procedure initial-appearance magistrate-judge plea-bargaining plea-hearing right-to-counsel | Was Petitioner Aaron Murray Entiteled to an initial apperanc.e. before a United States Magistrate Judge under Fed. R. Criminal P Rule 5? How was Peti… |
| 18-6846 | Luis A. Pena v. Maryland | Maryland | 2018-11-27 | Denied | Response WaivedIFP | appellate-review brady-v-stumpf collateral-consequences coram-nobis due-process guilty-plea guilty-plea-validity ineffective-assistance-of-counsel judicial-discretion plea-hearing plea-record sentencing voluntariness | I. Whether The Maryland Appellate Courts In Concluding Pena Failed To Sustain His Burden Of Proving He Did Not Voluntarily And Knowingly Enter A Guilt… |
| 18-5149 | Francisco Cubero v. United States | Eleventh Circuit | 2018-07-06 | Denied | Response WaivedIFP | certificate-of-appealability collateral-relief collateral-review conflicting-results due-process plea-hearing procedural-default sentencing supervised-release supervised-release-term | I. During Francisco Cubero's plea hearing , the magistrate judge told him that his supervised-release term could not exceed five years but, at sentenc… |