No. 18-7078

Joseph O'Shaughnessy, aka Joseph D. O'Shaughnessy v. United States

Lower Court: Ninth Circuit
Docketed: 2018-12-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review appellate-waiver criminal-procedure due-process involuntary-plea judicial-review ninth-circuit-procedure plea-bargaining plea-voluntariness voluntariness waiver
Latest Conference: 2019-01-18
Question Presented (from Petition)

The petitioner (criminal defendant below) claimed that his plea was involuntary, so therefore his appellate waiver was involuntary. The District Court denied petitioner's motion to withdraw his plea. Could the Ninth Circuit properly dismiss the appeal, under the circumstances of this case, without articulating the factors it found to base its conclusion that the plea and waiver were voluntary?

Question Presented (AI Summary)

Whether the Ninth Circuit properly dismissed the appeal without articulating the factors it found to base its conclusion that the plea and waiver were voluntary

Docket Entries

2019-01-22
Petition DENIED.
2019-01-03
DISTRIBUTED for Conference of 1/18/2019.
2018-12-27
Waiver of right of respondent United States to respond filed.
2018-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2019)

Attorneys

Joseph O'Shaughnessy
Laura GraserSelf, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent