No. 18-6240

Darryl Johnson v. United States

Lower Court: Second Circuit
Docketed: 2018-10-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-rights constitutional-error due-process evidentiary-hearing guilty-plea habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel plea-bargaining sentencing
Key Terms:
HabeasCorpus
Latest Conference: 2018-11-02
Question Presented (AI Summary)

Was Petitioner's guilty plea sustained in violation of due process warranting habeas relief

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Was Petitioner's guilty plea sustained in violation of due process warranting habeas relief where the district court failed to advise the petitioner correctly to terms of what appeal right's he was waving? Was counsel's (three at that) constitutionally ineffective because they misadvised petitioner that he was waving his sentencing and conviction right's, and failed to object _ to the confusing and vague grammatical text in the plea agreement? Did the courts below commit reversible error denying Johnson's §2255 motion without conducting an evidentiary hearing to resolve the factual disputes? Whether the court of appeals for the second circuit err by not applying the correct standard of review when jurists of reason could have debated the issues presented herein? Whether the Second Circuit Court of Appeals err when it did not review de novoly the district court's interpretation of a contract, the plea in Mr. Johnson case?

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-17
Waiver of right of respondent United States to respond filed.
2018-06-19
Application (17A1226) granted by Justice Ginsburg extending the time to file until June 21, 2018.
2018-06-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 8, 2018)
2018-06-06
Application (17A1226) to extend further the time from June 11, 2018 to June 21, 2018, submitted to Justice Ginsburg.
2018-05-07
Application (17A1226) granted by Justice Ginsburg extending the time to file until June 11, 2018.
2018-04-28
Application (17A1226) to extend the time to file a petition for a writ of certiorari from May 9, 2018 to June 9, 2018, submitted to Justice Ginsburg.

Attorneys

Darryl Johnson
Darryl Johnson — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent