No. 18-6744

Wesley Wayne Schaefer v. Lorie Davis, Director, Texas Department of Criminal Justice, Criminal Institutions Division

Lower Court: Fifth Circuit
Docketed: 2018-11-20
Status: Denied
Type: IFP
IFP
Tags: consequences criminal-procedure de-novo-review double-jeopardy double-jeopardy,lesser-included-offense,state-law, due-process due-process,criminal-procedure,plea-bargaining,eff due-process,equal-protection,fourteenth-amendment, due-process,grand-jury,fifth-amendment,fourteenth- effective-assistance-of-counsel,plea-bargaining,du federal-courts,state-courts,de-novo-review,mixed-q grand-jury guilty-plea ineffective-assistance jury-unanimity plea-bargaining silent-record sixth-amendment,jury-trial,unanimous-verdict,due-p
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2019-01-18
Question Presented (AI Summary)

Whether a Court may assume, from a silent record, the defendant was sufficiently made aware of the consequences of his guilty plea?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED A: Whether a Court may assume, from a silent record, the defendant was sufficiently made aware of the consequences of his guilty plea? B: Whether the United States Constitution requires a Grand Jury indictment in a State Court under the Fifth and Fourteenth Amendment? C: Whether a defendant may be convicted of both a lesser and greater offense based upon the same evidence offered as proof of the alleged violation of State law? ; D: Whether Trial Counsel renders reasonable effective assistance of counsel, when he fails to properly advise his client of the ; _ consequences of his plea? E: Whether the United States District Court has a duty to conduct a de novo review of state court records of federal questions that are mixed questions of Law and fact? F: Whether the United States Constitution requires a jury to unanimously return a verdict of guilt? G: Whether the Due Process Clause to the United States Constitution, requires equal protections in the application of State law under the Federal Constitution? ii.

Docket Entries

2019-01-22
Petition DENIED.
2019-01-03
DISTRIBUTED for Conference of 1/18/2019.
2018-10-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2018)

Attorneys

Wesley Wayne Schaefer, et al.
Wesley Wayne Schaefer — Petitioner
Wesley Wayne Schaefer — Petitioner