voluntary-plea
18 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-5580 | Octavius Artis v. United States | Fourth Circuit | 2024-09-19 | Denied | Response WaivedIFP | career-offender criminal-procedure factual-basis plea-agreement sentencing-guidelines voluntary-plea | Whether the district court erred in sentencing Artis as a career offender where he did not have two prior controlled substance offenses required for a… |
| 23-5860 | John Carl Ferrell v. United States | Fifth Circuit | 2023-10-23 | Denied | Response WaivedIFP | boykin-v-alabama constitutional-rights criminal-procedure due-process judicial-review plea-bargaining sentencing supreme-court voluntary-plea | Does a decision by the Supreme Court, after a plea is entered but before sentencing, present sufficient cause to consider if the plea was entered know… |
| 23-5195 | Cynthia Kaye Wood v. Texas | Texas | 2023-07-25 | Denied | IFP | constitutional-rights criminal-intent criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance mens-rea specific-intent voluntary-plea | In Texas, the ens rea for attempted capital murder is a specific intent to kill. The defendant did not know this. Thus, she pled guilty although she h… |
| 22-7613 | Khawaja Muhammad Farooq v. United States | Second Circuit | 2023-05-22 | Denied | Response WaivedIFP | civil-procedure civil-rights constitutional-rights criminal-plea due-process extortion first-amendment press press-rights voluntary-plea | 1. Does the First Amendment for a Journalist or member of the press forbid the taking and publishing pictures of an extorted ex girlfriend? 2. Would … |
| 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… |
| 21-6644 | Ashot Minasyan v. United States | Ninth Circuit | 2021-12-16 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-misconduct sentencing voluntary-plea | Whether Minasyan's waiver of appeal is unenforceable for the following reasons: because it was not knowing, intelligent and voluntary, and because Min… |
| 21-6588 | Amy Bishop Anderson v. Deidra Wright, Warden, et al. | Eleventh Circuit | 2021-12-13 | Denied | Response WaivedRelisted (2)IFP | certificate-of-appealability claim-exhaustion cumulative-error effective-assistance-of-counsel exhaustion-of-remedies habeas-corpus ineffective-assistance-of-counsel merits-determination voluntariness-of-plea voluntary-plea | Charged and convicted of capital murder, sentenced to Life Without Parole Question 1: Whether the 11th Circuit Court used a merits determination to d… |
| 19-8579 | Jonathan Frank Davis v. United States | Ninth Circuit | 2020-06-01 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea plea-bargaining voluntary-plea | Does an appeal waiver clause bar a criminal defendant from later appealing their conviction on the ground that the guilty plea was not knowing and vol… |
| 19-1050 | Kyle Brooks v. Colorado | Colorado | 2020-02-24 | Denied | Response Waived | allocution criminal-procedure due-process essential-element guilty-plea ineffective-assistance-of-counsel judicial-error plea-bargaining voluntary-plea | Due process requires that a guilty plea be voluntary, knowing, and intelligent. Here, the charging document omitted an essential element of the crime.… |
| 19-7352 | Alfredo Godoy-Machuca v. United States | Ninth Circuit | 2020-01-21 | Denied | Response WaivedIFP | appeal-waiver collateral-consequences criminal-procedure defense-counsel ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining voluntary-and-knowing voluntary-plea | A. Whether the Ninth Circuit Court of Appeals erred in, at least implicitly, concluding that material affirmative misdavice given by defense counsel t… |
| 19-7297 | Christopher J. Burton v. Harold W. Clarke, Director, Virginia Department of Corrections | Virginia | 2020-01-15 | Denied | Response WaivedIFP | civil-commitment collateral-consequences criminal-justice criminal-procedure deportation due-process professional-assistance sexually-violent-predator strickland-v-washington voluntary-plea | 1) IN THIS CASE OF FIRST IMPRESSION, I ASK THIS COURT TO FINALLY DECIDE WHETHER THE NATURE OF CIVIL COMMITMENT, ITS PROCEDURAL SIMILARITY TO DEPORTATI… |
| 19-7194 | Juan Carlos Vazquez v. South Carolina | South Carolina | 2020-01-07 | Denied | Response WaivedIFP | constitutional-rights due-process fourteenth-amendment guilty-plea language-barrier sixth-amendment voluntary-plea | DOES THE EVIDENCE IN THE RECORD THAT PETITIONER DOES NOT UNDERSTAND ENGLISH PLAINLY SHOWS THAT ANY ADMISSION AT THE GUILTY PLEA HEARING COULD NOT RE… |
| 19-6471 | Diego Alonso Lozano-Perez v. United States | Ninth Circuit | 2019-11-01 | Denied | Response WaivedIFP | constitutional-determination constitutional-law constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standing voluntariness voluntary-plea | Whether the Court made the Constitutionally required determination that the guilty plea was truly voluntary, whereas it failed to comply with the rigi… |
| 18-9163 | Phillip L. Horrell v. Michael D. Downey, Sheriff, Kankakee County, Illinois | Seventh Circuit | 2019-05-06 | Denied | Response WaivedIFP | actual-innocence brady-violation civil-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel standing voluntary-plea | Question not identified. |
| 18-8912 | Cirilo Flores v. United States | Third Circuit | 2019-04-22 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-procedure-plea-bargaining due-process guilty-plea hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel plea-agreement prejudice strickland-v-washington voluntary-and-intelligent-choice voluntary-plea | (1) WHETHER OR NOT THE GUILTY PLEA ENTERED WAS LEGAL WHENPETITIONER DID NOT FULLY UNDERSTAND, KNOW OR INTELLIGENTLY ACCEPT VOLUNTARY THE GUILTY PLEA A… |
| 18-7607 | Bruce White v. United States | Seventh Circuit | 2019-01-28 | Denied | Response WaivedIFP | counsel-actions criminal-procedure criminal-procedure-plea-bargaining defendant-rights due-process federal-rules-of-criminal-procedure ineffective-assistance-of-counsel motion-withdrawal plea-agreement plea-bargaining right-to-counsel sentencing voluntary-plea withdrawal-of-plea | IF A PLEA WAS NOT ENTERED VOLUNTARY, INTELLIGENTLY, OR KNOWINGLY WILL THAT BE CONSIDERED GROUNDS TO FILE A MOTION FOR WITHDRAWAL OF A PLEA AGREEMENT P… |
| 18-648 | Burdette Searcey, et al. v. James L. Dean, et al. | Eighth Circuit | 2018-11-19 | Denied | Response RequestedResponse WaivedRelisted (2) | 1989 civil-rights constitutional-rights criminal-investigation criminal-trial due-process evidence false-evidence false-evidence-manufacture law-enforcement-liability manufacture-of-false-evidence municipal-liability qualified-immunity reckless-evidence-gathering substantive-due-process voluntary-plea | Whether in 1989 a law-enforcement officer violated a plaintiff's substantive due-process rights merely by recklessly gathering "unreliable" evidence i… |
| 18-5413 | Clarence D. Lewis v. Johnny Hedgemon, et al. | Fifth Circuit | 2018-08-01 | Denied | Relisted (2)IFP | constitutional-law criminal-procedure due-process fifth-amendment habeas-corpus plea-bargain self-incrimination voluntary-plea | Is A PLEA BARGAIN, VOLUNTARY OR INVOLUNTARY, IF A PETITIONER INVOKES HIS FIFTH AMENDMENT RIGHT AGAINST SELF-INCRIMINATION BEFORE THE PLEA IS INDUCED? … |