No. 18-5300

Gary Robinson v. United States

Lower Court: Fourth Circuit
Docketed: 2018-07-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether a trial attorney can constitutionally stipulate elements of a charged crime over the expressed objections of the defendant under the Fifth, Sixth, and Fourteenth Amendments

Question Presented (OCR Extract)

No question identified. : Question fisted vo | far t, 4€8 a i Tuvisdietrion iv | Table oF Cases ss— , Stutemet 9F the Case a, Reason For Gannthg Wot el 1, Tfte Critical. preston jn ofthis Case is, hehe r a. trial Attorney Can Cinsdipuctions lly Stigulite Elements of a charge Crime over the expressed objections teenth Amend mente of the Unites Soates GnstitictbaT 5-10 aWhether jn this Case. p an v error Was Wrrved by the ofeferndandt 7 a ada. Conc /uston _ a Certificate of Service Append’ A-; Cpiaron fr am Un; fel) Sd fes Court ot Appeals Fourth Gaeui? Append re 6: Denial of Aefearing ane. Rehearing Een Pane Append Co Rogues: Laden? Finger-trint Analysis Appi ©: Assistant Counsed Letler /s. kabhyrn Frxy Balter Ap perdi E. Attorney Ms. Matrprtt Letter . Appedie F! Assistact Cunsel Letter / Ms. Cotte | Kp pend i% Gis. NataprFPs Leffler +9 Aabynsants objeetan attrial /, The Cribrtale gues tion in this Case. (S, Whether a trial Attorney Can Guns Tatyana tly Stipu/ate. Elements OF a Charge Crime. over he. ev pressed objections by 4 defendant under the. FF fA, SI eth ano . i Con stitution ° a+ Whether jn Lh)'s Case, any error Was wAtVed | ifioner Gary Kobinser. Was 7 . | anol canvieted wo kis ar One. Ve Fondant tried The ppinion of the United States Court of Appeals For 4he Fourth Cire te that gives cise te tA‘ | Petition js Attacked heredo as Kepercliye SA" Tn he Same vein, by orofer filed June S, 201, The Fourth Crecurt Olente dA Robinsons Petit on for Rehearing ano Rehearing En Banc. } “see Appen oie "8" : Sun's diction The juris diction of This court is javoked pursuant te 28 usc. § iasy (1). SO Cases Umble of Cases ages ) I)Uni tect Shales vi Williams, 632.6 3d/2-9(y"heje, 201) Sf 2) Le Miship, 377 U5. 354,364 90 5.ct [bey a5 LE a 369/970) __7 , Ditathews Vv United shetes PES US. 58, GP-S, 08 5. Cz E83, 99 Lied 2A S4(/99f—) On Tanuary O§, 9002, hefitioner, Gary Robiasen , Was apprehended by authories after he was sail to have. Fit the. description oF the person olescribed in a F/I Call. A Footrace was sarol to have. decurred, by an OfFicer who was /ater a witness for the. prosecution, Officer Heffernan test’hied to a play by play aLCount OF saiel chase, endliing with his alledge d witnessing of Ribsnson’s discarding of & gun he Supposedly Aroppesl at a Sewer olrain, mistalrig ly being Ki¢keol by the offiter into the sewer, then helplessly watching He assallunt get away trrough and under heavy brush, of which the officer stated he hno! tro mach epripment on + pursue, Officer Ie LLernan alsa desti fied thar although Ae. Coulol'at fy llyus Aim Parough fhe brush he wos sti lf able +o Keep track of the assailant where abouts Long enough 40 Communicate to other ofBirers whut street the Suspect Wes then traveling, nally, Losing SIght of the suspect, Ae later learned that he wrs apprehended by an officer Thornp son (also a witness for the prosecution). p9.d 7 Officer Hef Ferman Hien alleged Hot he went back Jp the sewer where Whe Suspect was Sard do have Aropped The gun, where on fGicer Wilkes handed him an evidence bag with a weapon anol a Praga Zine for bullets inside that was Supposedly fefrieved from the Sewer, Laker, of Diter TA’ mpsan was SAiol 4+ have given OF Ficer Het fernan another eviclence. (bag WIA a 245 caliber Maga Zine jn it, which was said to have been founol in Robinson's pockets, tncreduloushy , Ko binson's Frager prints Weren't on phe fieearm norm magazine which were Seszed at He same tine, see ropendic © keguested Latent Pager print Anaylsis, Rohiason WAS bookeof anol Charged ON Wea PIns Charges, MH e. adamantly maintaining fae (205! tran of Innocence, Ae was eventually charge d by crimhel inolict ment with Krywsrng hy anal an les Folly possessing a firearm in anol effecting Commerce, to wit one (t) Colt, Government Model YS caliber, semi — auts mate pistol, in Vialafion of PUS,6, 5 922 (4) 4) having been previous ky convicted of one or more Cfimes punishable by imprisonment fir aterm exceeding one Year (Count

Docket Entries

2018-10-01
Petition DENIED.
2018-08-02
DISTRIBUTED for Conference of 9/24/2018.
2018-07-31
Waiver of right of respondent United States to respond filed.
2018-06-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 22, 2018)

Attorneys

Gary Robinson
Gary Robinson — Petitioner
Gary Robinson — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent