| 25-6180 |
David Craig Milam v. United States |
Fourth Circuit |
2025-11-20 |
Denied |
Response WaivedIFP |
criminal-procedure district-court guilty-plea judicial-discretion plea-withdrawal sentencing |
Whether the district court erred by denying Petitioner's motion to withdraw his guilty plea. |
| 25-6100 |
Leihinahina Sullivan v. United States |
Ninth Circuit |
2025-11-13 |
Denied |
Response WaivedRelisted (3)IFP |
constitutional-rights identity-theft judicial-misconduct plea-withdrawal statute-of-limitations video-testimony |
(1) Whether Petitioner was induced to take a plea agreement when Judge T. Michael Scolnghts stated "The Court... we go through all this, tell these ot… |
| 25-5621 |
Ja'Kroi Allen Banks v. Texas |
Texas |
2025-09-12 |
Denied |
IFP |
critical-stage due-process ineffective-assistance plea-withdrawal pro-se-defendant sixth-amendment |
Ja'Krai Banks filed an 11.07 on August 23, 2019. Banks received an affidavit from Private Investigator James McKay in March of 2020. Banks used McKay'… |
| 24A649 |
Cristian M. Loga-Negru v. Wisconsin |
Wisconsin |
2024-12-31 |
Presumed Complete |
|
ineffective-assistance jurisdiction newly-discovered-evidence plea-withdrawal postconviction-motions pro-se |
Question not identified. |
| 24-5595 |
David Tran v. United States |
Fifth Circuit |
2024-09-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guilty-plea plea-withdrawal voluntariness |
If a guilty plea was not entered into knowingly and voluntarily, may it be withdrawn under without inquiry into other factors? |
| 24-5282 |
Darrell Gunn v. New York |
New York |
2024-08-08 |
Denied |
IFP |
appellate-review criminal-procedure guilty-plea ineffective-assistance plea-withdrawal sentencing |
WHETHER APPELLANT COUNSEL WAS INEFFECTIVE FOR STRONG APPELLATE CLAIM THAT A WITHDRAWAL OF GUILTY PLEA WAS MADE PRIOR TO SENTENCING? |
| 24-5168 |
Edward Nicholas Reeder v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2024-07-30 |
Denied |
IFP |
certificate-of-appealability court-order final-order habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-procedure motion-disposition motion-to-withdraw-plea plea-withdrawal trial-counsel voluntary-dismissal |
1. Was trial counsel ineffective for failing to object and request that the lower court to address the disposition of Reeder's motion to withdraw plea… |
| 24A37 |
Hussein Kadhim Abood Khalaf v. United States |
Eighth Circuit |
2024-07-12 |
Presumed Complete |
|
deportation-risk guilty-plea immigration-consequences ineffective-assistance padilla-standard plea-withdrawal |
Question not identified. |
| 23-7683 |
Keon Lamont Lee v. United States |
Sixth Circuit |
2024-06-11 |
Denied |
Response WaivedIFP |
appellate-rights circuit-split criminal-procedure due-process guilty-plea guilty-plea-withdrawal plea-bargaining plea-withdrawal sentencing sixth-circuit |
Should a district court grant a pre-sentencing motion to withdraw a guilty plea if that plea was made without full knowledge of its consequences? |
| 23-6422 |
Raymond J. Kraynak v. United States |
Third Circuit |
2024-01-05 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure due-process fair-and-just-reason guilty-plea judicial-review plea-bargaining plea-withdrawal sentencing trial-court-discretion withdrawal-of-plea |
I. Whether Petitioner has sufficiently shown a fair and just reason for requesting withdrawal of his guilty plea such that the trial court shall grant… |
| 23-692 |
Zachariah Minix v. Kentucky |
Kentucky |
2023-12-27 |
Denied |
Response Waived |
abuse-of-discretion criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment parole-eligibility plea-agreement plea-withdrawal |
Petitioner, Zachariah M. Minix (Minix), appeals as a matter of right from an Adair County Circuit Court Judgment and Sentence on Plea of Guilty that i… |
| 23-5514 |
Rodger William Dillard v. Wyoming |
Wyoming |
2023-09-05 |
Denied |
Response WaivedRelisted (2)IFP |
abuse-of-discretion alford-plea appeal court-rules criminal-procedure due-process judicial-abuse judicial-discretion plea-bargaining plea-withdrawal sentence-correction sentencing |
1. Did the District in and for Natrona County 7th Judicial Abuse its power when it accepted the Petitioner alford plea because the the statue reads as… |
| 23-5016 |
Jonathan Limbrick v. United States |
Fifth Circuit |
2023-07-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion courts-of-appeals criminal-procedure fair-and-just-reason fifth-circuit guilty-plea kercheval-v-united-states plea-withdrawal rule-11 |
DID THE FIFTH CIRCUIT ERR BY FINDING THAT THE DISTRICT COURT'S DECISION TO DENY MR. LIMBRI CK'S MOTION TO WITHDRAW HIS GUILTY PLEA DID NOT CONSTITUTE … |
| 22-7459 |
Joseph Church v. United States |
Fifth Circuit |
2023-05-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-circuit guilty-plea involuntary-plea notice plea-withdrawal sentencing |
I. Whether it is harmless error when a guilty plea is obtained in violation of due process of law when a judgment of conviction is entered without pro… |
| 22-1043 |
Joshua Louis Rupp v. United States |
Sixth Circuit |
2023-04-27 |
Denied |
Response Waived |
circuit-split due-process government-inducement plea-bargaining plea-withdrawal sentencing-guidelines |
Whether the Sixth Circuit split with the Second, and erroneously departed from this Court's jurisprudence, when it refused to honor the spirit of the … |
| 22-7300 |
James D. Sullivan v. United States |
Sixth Circuit |
2023-04-14 |
Denied |
Response WaivedIFP |
certificate-of-appealability counsel-abandonment counsel-misconduct federal-bench habeas-corpus judicial-misconduct miscarriage-of-justice plea-withdrawal pro-se pro-se-representation standing |
1. Will this Court remand with a certificate of appealability in a case where a district court perverted the habeas corpus process by ignoring specifi… |
| 22-7084 |
Christopher Daniel Lutker v. Michigan |
Michigan |
2023-03-23 |
Denied |
IFP |
criminal-procedure defendant-rights due-process guilty-plea involuntary-confession knowingly-voluntarily mental-competency plea-bargaining plea-withdrawal sentencing trial-court-discretion |
x, £>lP C-HHT^TOpHEM DAHTTT ZHTHE& KNOWTMZZYj I NTT/LLX&TNTIy AND YOIUNTARILYMADE WHEN
H E WAS 5J3aK AND SOJU-TN&HIMEJTLF ANDPZMZEP
A fiESrACOM uMTL… |
| 22-812 |
Isaac D. Koch v. Nebraska |
Nebraska |
2023-02-28 |
Denied |
|
civil-rights constitutional-rights criminal-procedure due-process free-speech plea-bargaining plea-withdrawal protection-order standing statutory-interpretation |
What is the government's interpretation of an order against all contact and communication and presence?
If the Court agrees that the power of the peo… |
| 22-6556 |
Lawrence Anderson Fonseca, fka Lawrence Anderson Fonseca-Garcia v. United States |
First Circuit |
2023-01-18 |
Denied |
Response WaivedIFP |
criminal-procedure foreign-national guilty-plea innocence new-evidence plea-bargaining plea-withdrawal post-conviction-relief subject-matter-jurisdiction |
1. Whether Fonseca should be allowed to withdraw his guilty plea in light of new evidence supporting his claim of innocence.
2. Whether the district … |
| 22-537 |
Ramy Eid Zaki Hakim v. United States |
Ninth Circuit |
2022-12-12 |
Denied |
Response Waived |
due-process evidentiary-hearing government-inducement government-promise guilty-plea immigration-status judicial-review plea-bargaining plea-withdrawal |
When Can a Defendant, Induced to Enter a Guilty Plea by the Government's Promise to Assist the Defendant with His Immigration Status, Move to Withdraw… |
| 22-5746 |
Chrystal Clues-Alexander v. Louisiana |
Louisiana |
2022-10-04 |
Denied |
Response WaivedIFP |
constitutional-waiver criminal-procedure due-process guilty-plea jury-unanimity plea-bargaining plea-withdrawal ramos-retroactivity retroactivity right-to-jury-trial unanimous-jury |
Whether this Court's decision in Ramos v. Louisiana, 590 U.S. ___ (2020), provides grounds for a defendant to withdraw her pre-Ramos plea of guilty be… |
| 22-5711 |
Joshua Austin Kramer, aka Benjamin Franklin v. United States |
Fourth Circuit |
2022-09-29 |
Denied |
Response WaivedIFP |
criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-resources legal-innocence plea-bargaining plea-withdrawal prejudice withdrawal-of-plea |
Whether the district court erred by denying Petitioner's motion to withdraw his guilty plea. |
| 21-8045 |
Marcellus Overton v. United States |
Second Circuit |
2022-06-03 |
Denied |
Response WaivedIFP |
brady-violation criminal-procedure exculpatory-evidence guilty-plea materiality materiality-standard plea-withdrawal reasonable-defendant rule-11 united-states-v-dominguez-benitez |
1. When a defendant seeks to withdraw his or her guilty plea based upon the Government's failure to timely disclose exculpatory evidence, is the "mate… |
| 21-8007 |
In Re Michael David Hower |
|
2022-06-01 |
Denied |
Response WaivedIFP |
28-usc-2255 aedpa criminal-procedure due-process evidentiary-hearing federal-rules habeas-corpus ineffective-assistance ineffective-assistance-of-counsel massaro-v-united-states plea-withdrawal |
Has AEDPA created an unconstitutional barrier that has rendered the petitioners remedy under 28 U.S.C. §2255 inadequate or ineffective to test the leg… |
| 21-7906 |
Ruben Sanchez v. Illinois |
Illinois |
2022-05-18 |
Denied |
IFP |
adequate-representation due-process judicial-consideration legal-representation plea-bargaining plea-withdrawal pro-se public-defender withdrawal |
1. Does a Pro Se plaintiff have a due process right to the adequate performance of counsel when represented by a public defender for the purpose of wi… |
| 21-7798 |
Francisco Manuel Padilla v. California |
California |
2022-05-06 |
Denied |
IFP |
constitutional-rights counsel-appointment criminal-procedure due-process ineffective-assistance judicial-discretion plea-bargaining plea-withdrawal right-to-counsel standard-of-review |
1. DID THE COURT ABUSE ITS DISCRETION, AND THEREBY VIOLATE APPELLANT'S CONSTITUTIONAL RIGHTS, WHEN IT DENIED HIS MOTION TO WITHDRAW HIS PLEAS?
2. DID… |
| 21-6955 |
Erica Umbay v. United States |
Ninth Circuit |
2022-01-25 |
Denied |
Response WaivedIFP |
appeal-rights criminal-procedure due-process federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interstate-commerce plea-bargaining plea-withdrawal sentencing-guidelines |
Whether a Criminal Defendant Can Withdraw a Plea Under Federal Rule of Criminal Procedure 11(b)(3) if the Plea Lacked an Adequate Factual Basis?
Whet… |
| 21-6912 |
Jamar Jones v. United States |
Seventh Circuit |
2022-01-20 |
Denied |
Response WaivedIFP |
appellate-review cell-phone-data constitutional-rights counsel-performance criminal-procedure fourth-amendment fourth-amendment-jurisprudence ineffective-assistance plea-withdrawal privacy reasonable-expectation-of-privacy search-and-seizure |
liE TItetZ ntElZE E)(1 sr A- SLIFF x cr-c-ry T
E577.1SLtsli P8 - 7ri n on/ PLEA oF Gu I . L Ptiaulinrr m caw -r
ON& (*I Che-rded vio La,.1-7 o Ai
Cam-… |
| 21-6886 |
Roberto Martinez-Rivera v. United States |
First Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
actual-innocence constitutional-rights criminal-procedure fair-and-just-reason plea-withdrawal presumption-of-innocence rule-11 |
Whether a defendant who enters a plea of guilty, but moves to withdraw such plea prior to sentencing, while at the same time properly articulating a p… |
| 21-6806 |
Armin Wand, III v. Gary Boughton, Warden |
Seventh Circuit |
2022-01-10 |
Denied |
IFP |
appellate-review certificate-of-appealability coerced-confession confession-suppression constitutional-provisions due-process manifest-injustice newly-discovered-evidence plea-withdrawal stay-of-proceedings unreliable-confession |
1. SHOULD ARMIN WAND, III S SEPTEMBER 9, 2012 STATEMENT HAVE BEEN SUPPRESSED?
2. DOES THE COERCED UNRELIABLE CONFESSION PROVIDE A MANIFEST INJUSTICE … |
| 21-6784 |
Brian James Talbot v. Virginia |
Virginia |
2022-01-10 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-rights due-process equal-protection judicial-consistency legal-precedent plea-withdrawal precedent |
Can the decision in the present case and the prior decision of the Court of Appeals of Virginia in Williams v. Commonwealth and its progeny, be reconc… |
| 21-5783 |
Brian D. Smith v. Montana |
Montana |
2021-09-24 |
Denied |
Response WaivedIFP |
appeal criminal-procedure critical-stage due-process equal-protection ineffective-assistance-of-counsel plea-bargaining plea-withdrawal post-conviction procedural-default right-to-counsel sentencing |
Is a motion to withdraw guilty plea considered a "critical Stage" requiring the assistance of counsel for a person "too poor" to hire one at the follo… |
| 21-5430 |
Percy Allen Stucks v. Florida |
Florida |
2021-08-24 |
Denied |
IFP |
criminal-procedure defendant-rights due-process florida-law judicial-discretion plea-bargaining plea-withdrawal pre-trial-motion right-to-trial withdrawal-of-plea |
Does a Florida defendant have the right to withdraw plea before trial? |
| 21-225 |
Ashley Mere Howard v. Texas |
Texas |
2021-08-16 |
Denied |
Response RequestedRelisted (2) |
credibility-determinations criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel parole-eligibility plea-bargaining plea-withdrawal |
I. Does the state court's decision that petitioner cannot challenge her murder conviction based on her original counsel's failure to inform her of the… |
| 21-122 |
Davin Seth Waters v. United States |
Fifth Circuit |
2021-07-28 |
Denied |
Response Waived |
criminal-procedure due-process guilty-plea habeas-corpus judicial-discretion mutual-mistake plea-bargaining plea-withdrawal voluntariness |
1) Does the doctrine of mutual mistake provide a cognizable basis to find a guilty plea involuntary? |
| 20-8221 |
Terrence Lavaron Thomas v. Michigan |
Michigan |
2021-06-03 |
Denied |
IFP |
constitutional-rights criminal-defense due-process ineffective-assistance plea-withdrawal right-to-counsel right-to-speedy-trial sentencing sentencing-error speedy-trial |
Was Defense counsel ineffective in failing to contest the sufficiency of evidence against Mr. Thomas, as he was charged with assault with a dangerous … |
| 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… |
| 20-7764 |
Jamil Stefon Carter v. O'Bell T. Winn, Warden |
Sixth Circuit |
2021-04-14 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel jury-selection motion-to-suppress plea-withdrawal right-to-appeal |
Ground Ona:
DUE PROCESS REQUIRES PLEA WITHDRAWAL WHERE PETITIONER DID NOT KNOW HIS GUILTY
PLEA WAIVED HIS RIGHT TO APPEAL THE DENIAL OF THE PRE-TRIAL… |
| 20-7545 |
Tyrone Robinson v. Christopher Buesgen, Warden |
Seventh Circuit |
2021-03-24 |
Denied |
Response WaivedIFP |
evidentiary-hearing fact-reduction hearing-standard legal-standing plea-withdrawal post-conviction-relief procedural-rule sentencing standard-of-review standing state-court-jurisdiction |
SEn+edno,, J)oes+hE nesdd? ptaJe <x reeepnahiE P/Miti-ty
of ac^(ii'HL c>r Joe& he orShE (We fo pr&Ve a rsagpncibLE
©
hEafifig) -for -fad-f redA^'i^c^… |
| 20-7161 |
Tyrell E. Artis v. Ohio |
Ohio |
2021-02-16 |
Denied |
IFP |
constitutional-rights domestic-violence due-process fourteenth-amendment ineffective-assistance plea-bargaining plea-withdrawal res-judicata sentencing-enhancement sixth-amendment |
CAN A PLEA DEAL CONSISTING OF TWO (2) MISDEMEANOR DOMESTIC VIOLENCE CHARGES BE WITHDREW POST SENTENCE, WHEN; (1 ) NO DIRECT APPEAL WAS TAKEN; (2) SAID… |
| 20-6982 |
Misty R. Weed v. Florida |
Florida |
2021-01-28 |
Denied |
Response WaivedIFP |
conflict-of-laws constitutional-rights district-court-conflict due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel manifest-injustice plea-withdrawal sentencing sentencing-discretion |
I. DID THE FIRST DISTRICT COURT OF APPEAL CREATE A MANIFEST
INJUSTICE WHEN IT EXPRESSLY AND DIRECTLY RULED IN
CONFLICT WITH DECISIONS OF FELLOW DISTRI… |
| 20-6567 |
Kedrio Lekeis Summerville v. United States |
Fourth Circuit |
2020-12-08 |
Denied |
Response WaivedIFP |
6th-amendment constitutional-claim criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-withdrawal post-conviction-relief |
The counsel conceded dtiring sentencing that "it was his
fault that Mr. Summerville was faced with the increased penalty
because he failed to investi… |
| 20-752 |
Gavin B. Davis v. California |
California |
2020-12-01 |
Denied |
Relisted (2) |
appeal appellate-review civil-rights criminal-procedure due-process judicial-discretion plea-bargaining plea-withdrawal sentencing totality-of-circumstances |
(1) Did the 4th Dist., Div. 1, Court of Appeal, California, err in its (a) inquiry and (b) application of Boykin / Tahl 1 analysis under its (c) "tota… |
| 20-5824 |
Trenard Caldwell v. United States |
Eleventh Circuit |
2020-09-28 |
Denied |
Relisted (3)IFP |
criminal-procedure due-process eleventh-circuit fourth-circuit guilty-plea plea-withdrawal rehaif-standard rehaif-v-united-states statutory-interpretation structural-error |
Where a defendant pled guilty to a violation of 18 U.S.C. § 922(g) prior to Rehaif v. United States, 139 S.Ct. 2191 (2029), and it is undisputed that … |
| 20-5148 |
Robert James Ossawa Wood v. California |
California |
2020-07-22 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights criminal-procedure due-process false-testimony no-contest-plea plea-withdrawal standing unlawful-evidence unlawfully-obtained-evidence |
I
WAS PETITIONER HELD TO ANSWER FOR TRIAL
BASED ON FALSE TESTIMONY AND UNLAWFULLY
OBTAINED EVIDENCE ?
II
WAS PETITIONER PROVIDENTLY ADVISED
FEDERA… |
| 20-5005 |
Archie Lee Williams v. United States |
Eleventh Circuit |
2020-07-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-rights criminal-procedure due-process harmless-error plea-withdrawal substantial-rights |
Did the Eleventh Circuit err in affirming the district court's denial of the Petitioner's motion to withdraw his plea and was it was it an abuse of di… |
| 19-8635 |
Kenneth Brown v. Kentucky |
Kentucky |
2020-06-08 |
Denied |
Response RequestedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment strickland-v-washington |
1. Should a court be allowed to deny the withdrawl of a defendant's guilty
plea,- when it is clear that the plea was not entered voluntarily, and
wi… |
| 19-7890 |
Kevin Michael-Ferdinand Richards v. Michigan |
Michigan |
2020-03-06 |
Denied |
IFP |
abuse-of-discretion coercion constitutional-rights criminal-procedure due-process effective-assistance effective-assistance-of-counsel plea-coercion plea-understanding plea-withdrawal trial-court-discretion |
I.
Did The TriAl Court Abuse It's Discretion When It Denied
Pla WithdrAwal Under MCR 6.3IOcB); Mr. RicHaRds HAs
A Due Process Right To PleA Withdrawal… |
| 19-7271 |
Eric Hall v. United States |
Sixth Circuit |
2020-01-14 |
Denied |
Response WaivedIFP |
attempted-burglary burglary burglary-statute burglary-statutes categorical-approach conviction conviction-requirements criminal-plea entry entry-element firearm-possession generic-crime generic-crimes instrument plea-withdrawal rehaif-v-united-states sentencing-enhancement |
1. Whether Tennessee's burglary statutes are generic where the State can obtain a conviction by proving only attempted burglary because the element of… |
| 19-6551 |
Neil Timothy Aho v. United States |
Eleventh Circuit |
2019-11-07 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure discovery guilty-plea ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining plea-withdrawal sentencing-guidelines withdrawal-of-plea |
Issue 1: Whether the appellate court erred in not finding
that the district court abused its discretion by denying
Petitioner's motion to withdraw his… |
| 19-6321 |
Michael J. Prance v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel plea-withdrawal right-to-counsel sixth-amendment |
Whether there is a Sixth Amendment right to counsel during plea withdrawal proceedings? |
| 19-6048 |
Franklin Pillier v. Massachusetts |
Massachusetts |
2019-09-25 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-procedure-rights due-process government-intrusion motion-to-withdraw-plea plea-bargaining plea-withdrawal probation probation-condition probation-conditions strict-scrutiny withdrawal-of-plea |
I. WHETHER, WHEN THE COURT ASKS A DEFENDANT IF HE IS GUILTY THIRTY-FIVE TIMES BEFORE INFORMING HIM OF THE RIGHTS HE IS FORFEITING AND THE CONSEQUENCES… |
| 19-5690 |
Seth DiSanto v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-08-23 |
Denied |
Response WaivedIFP |
campbell-v-state constitutional-law criminal-procedure due-process ex-post-facto ineffective-assistance ineffective-assistance-of-counsel plea-withdrawal rule-3.172(g) strickland-standard strickland-v-washington |
Whether the Eleventh Circuit Court of Appeals erred by ruling DiSanto's lawyer was not ineffective by failing to bring to the attention of the trial c… |
| 19-5362 |
Kasine Deleston v. United States |
Second Circuit |
2019-07-26 |
Denied |
Response WaivedIFP |
and Ultimately Breached if it Contains an Unfulfi ambiguity breach-of-contract criminal-procedure defendant-rights due-process government-breach government-misconduct plea-agreement plea-bargaining plea-withdrawal sentencing sentencing-stipulation withdrawal-of-plea |
Whether a Plea Can be Ambiguous, and Ultimately Breached if it Contains an Unfulfillable Sentencing Stipulation and the Government Fails to Offer the … |
| 18-9748 |
George Hernandez v. United States |
Ninth Circuit |
2019-06-20 |
Denied |
Response WaivedIFP |
confidential-informant criminal-procedure discovery due-process fair-trial guilty-plea informant plea-bargaining plea-withdrawal sentencing-disclosure withdrawal-of-plea |
GIVEN GOVERNMENT DISCOVERY DISCLOSURE PRACTICES RELATING TO ITS USE OF CONFIDENTIAL INFORMANTS, DOES THE "FAIR AND JUST REASON" STANDARD FOR WITHDRAWA… |
| 18A1333 |
Alfredo Beltran Leyva v. United States |
District of Columbia |
2019-06-19 |
Presumed Complete |
|
criminal-procedure drug-trafficking evidence-sufficiency guilty-plea plea-withdrawal sentencing |
Question not identified. |
| 18-8707 |
Wallace G. Carlyle v. Sherman Campbell, Warden |
Sixth Circuit |
2019-04-04 |
Denied |
IFP |
constitutional-rights effective-assistance-of-counsel fourteenth-amendment history-of-abuse ineffective-assistance mental-retardation plea-bargaining plea-withdrawal right-to-jury-trial sixth-amendment |
DID TRIAL COUNSEL'S FAILURE TO ADEQUATELY CONSIDER MR. CARLYLE'S MENTAL RETARDATION AND HISTORY OF ABUSE, AND OTHER VARIOUS ACTS, DEPRIVE DEFENDANT OF… |
| 18-8649 |
Bradley Cobbler, aka B-Rad v. United States |
District of Columbia |
2019-04-01 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure district-court due-process guilty-plea ineffective-assistance-of-counsel judicial-discretion motion-to-withdraw plea-bargaining plea-withdrawal sentencing withdrawal-of-plea |
Whether the District Court erred by partially denying Mr. Cobbler's Amended Motion to Withdraw Plea of Guilty? |
| 18-8630 |
Joseph Christopher Birdtail v. United States |
Ninth Circuit |
2019-03-29 |
Denied |
Response WaivedIFP |
criminal-procedure discovery due-process evidentiary-hearing federal-rules-of-civil-procedure habeas-corpus habeas-proceedings ineffective-assistance-of-counsel plea-agreement plea-bargaining plea-withdrawal section-2255 |
Is it error for a district court to deny either discovery proceedings or an evidentiary hearing under the Federal Rules Governing Section 2255 Proceed… |
| 18-8364 |
James D. Sullivan v. United States |
Sixth Circuit |
2019-03-11 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure evidence-rule-414 evidentiary-hearing federal-rules-of-evidence grand-jury plea-agreement plea-withdrawal prosecutorial-discretion rule-104 rule-414 |
In a prosecution of a child pornography case under Title 18 U.S.C., Chapter 110, the government may seek to admit evidence of prior similar acts under… |
| 18-8198 |
Brandon Lisi v. United States |
Second Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
appellate-review appellate-waiver conflict-of-interest criminal-procedure curcio-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sentencing sentencing-challenge |
Whether the United States Court of Appeals for the Second Circuit committed reversible error by denying Petitioner's timely filed Petition for Reheari… |
| 18-8168 |
Billy Long v. Pennsylvania |
Pennsylvania |
2019-02-27 |
Denied |
Response WaivedIFP |
due-process evidentiary-hearing guilty-plea habeas-corpus hearing-requirement ineffective-assistance-of-counsel material-fact plea-bargaining plea-withdrawal post-conviction-relief procedural-error withdrawal-of-plea |
WHETHER THIS COURT SHOULD VACATE AND REMAND FOR A HEARING WHERE THE LOWER COURT ERRED IN DISMISSING MR. LONG'S AMENDED PCRA PETITION WITHOUT A HEARING… |
| 18-7035 |
Eminiano A. Reodica v. United States |
Ninth Circuit |
2018-12-14 |
Denied |
Response WaivedIFP |
criminal-procedure district-court evidentiary-hearing federal-rules-of-criminal-procedure guilty-plea motion-to-withdraw plea-withdrawal rule-11 |
Whether Federal Rule of Criminal Procedure 11(d) governing motions to
withdraw a guilty plea establishes a liberal standard which precludes the
distri… |
| 18-6704 |
Aaron Jonathon Zemke v. Michigan |
Michigan |
2018-11-14 |
Denied |
IFP |
abuse-of-discretion bias criminal-procedure ineffective-assistance judicial-bias judicial-discretion motion-to-withdraw plea-bargain plea-bargaining plea-withdrawal prejudice prosecutorial-bias prosecutorial-misconduct sixth-amendment trial-court-discretion |
Mr. Zemke received ineffective assistance under the Sixth Amendment when counsel misrepresented Mr. Zemke's case to induce a plea bargain, prejudiced … |
| 18-6699 |
James Tyrell Drane v. Michigan |
Michigan |
2018-11-14 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment |
I. DOES PETITIONER DRANE HAVE A DUE PROCESS RIGHT TO PLEA WITHDRAWAL OR AT MINIMUM A GINTHER HEARING WHERE HIS PLEA WAS UNKNOWING AND INVOLUNTARY, RES… |
| 18-5256 |
Brandon Wade Moragne-El v. Pennsylvania |
Pennsylvania |
2018-07-19 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process equal-protection guilty-plea judicial-precedent pennsylvania plea-bargaining plea-withdrawal precedent sentencing supreme-court |
1. Does the denial of the Petitioner's Motion to Withdraw his Guilty Plea contradict Precedent case law from the Superior Court of Pennsylvania, the S… |