No. 18-6401

James Gabriel Smith v. United States

Lower Court: Sixth Circuit
Docketed: 2018-10-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review competency criminal-procedure due-process federal-rules-of-criminal-procedure informed-consent judicial-process plea-bargaining plea-colloquy rule-11-procedure
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Whether the district court followed the procedure mandated by FED. R. CRIM. P. 11 in accepting a guilty plea

Question Presented (OCR Extract)

QUESTION PRESENTED Federal Rule of Criminal Procedure 11 provides, “before the court accepts a plea of guilty,” the court must advise and question the defendant, personally and in open court, to ensure that the defendant pleads with a full understanding of the charge, potential penalties, and his constitutional rights. Here, the magistrate judge abruptly recessed a plea colloquy after giving a partial Rule 11 advisement because he had unspecified concerns. Three weeks later, the magistrate judge said he had satisfied himself off the record that Smith was competent to proceed, completed the remaining half of a Rule 11 colloquy, and took Smith’s guilty plea. In affirming the judgment of conviction entered pursuant to Smith’s guilty plea, the Sixth Circuit Court of Appeals did not consider whether the district court followed the procedure mandated by Rule 11, instead, it asked only whether Smith’s plea was “knowing, voluntary, and intelligent.” Accordingly, one question is presented: 1. FED. R. CRIM. P. 11 requires district courts to engage in a specific, on-the-record plea colloquy. In reviewing a plea colloquy, is it sufficient for an appellate court to consider only whether the defendant entered an informed and voluntary plea? i

Docket Entries

2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-10-30
Waiver of right of respondent United States to respond filed.
2018-10-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2018)

Attorneys

James Smith
Kimberly Laura Alderman-PenixAlderman Law Firm, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent