No. 18-6030

Jason M. Smith v. United States

Lower Court: Second Circuit
Docketed: 2018-09-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver appellate-waiver collateral-attack constitutional-rights criminal-procedure due-process plea-agreement public-policy sentencing
Key Terms:
DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2018-10-12
Question Presented (AI Summary)

Whether a plea agreement in which a defendant agrees to waive his right to appeal and collaterally attack any legal sentence imposed violates due process and public policy

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW In the decision under review, the United States Court of Appeals for the Second Circuit held that an appellatewaiver provision in petitioner’s plea agreement was enforceable. The question presented in this petition is whether a plea agreement in which a defendant agrees to waive his right to appeal and collaterally attack any legal sentence imposed violates due process and public policy. i

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-25
Waiver of right of respondent United States to respond filed.
2018-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 19, 2018)

Attorneys

Jason M. Smith
Stephanie CarvlinLaw Office of Stephanie M. Carvlin, Petitioner
Stephanie CarvlinLaw Office of Stephanie M. Carvlin, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent