No. 18-6230

Harvey L. Shoate v. Jason Lewis, Warden

Lower Court: Eighth Circuit
Docketed: 2018-10-05
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: ineffective-assistance-of-counsel plain-error plea-agreement post-conviction post-conviction-relief sentencing sua-sponte
Key Terms:
Securities
Latest Conference: 2019-02-22 (distributed 2 times)
Question Presented (AI Summary)

Can a post-conviction court find plain error in the movant's guilty plea or sentence record and 'sua sponte' order relief when the movant never raised that error nor requested that relief?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Tn response to 4 specific Claing , can o postconuichion court Vind plain erfor in the movant’s guilty plea or semenci record and “sua sponte! order relief when the movant wen Par raised that effor nor requested that relief © When ruling ona post conviction claim onder Rule 24,035, may the motion coor “su9 sponte" find the plea cour committed plain error, although movant never raised the error in his amended mohan and grant reves to the movant thet movant did not request? ' This question presents an issue of geneal interes} and \mpartance: Tr dis casein Clainn $ CC) tlhe motion court Goond Shabshe clea coort breachedthe parties plea agreement although the Movant did nok raisethot Chain he motion coor} also gare ade. novo” Senvencinc Hearing, which the movant did nor reques>, The wnowar requested a lined fesemencing heating Ave to is plea attorney's ineffectiveness, The monn our} found plea counsel ineMechive on that claim, but ‘round No Ereyodice, therefore. denying Claim $ CC) as Taysed. in vidlabion 2GD.S.C.8225 4TH O), Mr. Shoat] has a Sidh Amendment right to ebective. assistance of plea counsel and it is axiomatic Hat the relref Granted Yor counsels ineectiveness Should be coextersive withthe harm suttered by the meants because of comes inefectiveness,

Docket Entries

2019-02-25
Rehearing DENIED.
2019-02-06
DISTRIBUTED for Conference of 2/22/2019.
2018-12-31
Petition for Rehearing filed.
2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-09-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2018)

Attorneys

Harvey L. Shoate
Harvey L. Shoate — Petitioner
Harvey L. Shoate — Petitioner