No. 18-6511

In Re Ken Ejimofor Ezeah

Lower Court: N/A
Docketed: 2018-10-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence appeal-waiver circuit-split criminal-procedure criminal-procedure-appeal-waiver-guilty-plea-unite guilty-plea inherent-equitable-authority tenth-circuit united-states-v-galloway united-states-v-hahn united-states-v-mccarthy
Key Terms:
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2018-12-07
Question Presented (AI Summary)

Whether the court should expand the framework in United States v. Hahn on appeal waivers

Question Presented (from Petition)

QUESTIONS PRESENTED ON WRIT OF PROHIBITION (1)WHETHER THIS COURT SHOULD EXPAND THE FRAME-WORK DECIDED IN "UNITED STATES V. HAHN", IN THE TENTH CIRCUIT'S DETERMINATION OF A KNOWING AND VOLUNTARILY MADE APPEAL WAIVER AND GUILTY PLEA,WHERE DESPITE THIS COURT'S INSTRUCTIONS IN "UNITED V. McCARTHY", THERE REMAINS A CIRCUIT SPLIT ON ITS APPLICATION. (2)WHETHER THE "UNITED STATES V. GALLOWAY" ENBANC DECISION IN THE TENTH CIRCUIT,PREVENTED THE PANEL FROM UTILIZING ITS “INHERENT EQUITABLE AUTHORITY" TO SUPPLEMENT THE RECORD ON APPEAL,TO RESOLVE AN CLAIM ON DIRECT APPEAL,EVEN WHERE THE DEFENDANT HAS MADE A COLORABLE SHOWING OF ACTUAL INNOCENCE. . FILED OCT 29 2018. | fib OE co ait

Docket Entries

2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-08
Waiver of right of respondent UNITED STATES to respond filed.
2018-10-22
Petition for a writ of prohibition and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2018)

Attorneys

In Re Ken E. Ezeah
Ken Ejimofor Ezeah — Petitioner
Ken Ejimofor Ezeah — Petitioner
UNITED STATES
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent