No. 18-7504

Raphael R. Hamilton v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections

Lower Court: Tenth Circuit
Docketed: 2019-01-18
Status: Denied
Type: IFP
IFP
Tags: circuit-court-discretion coercion competency criminal-procedure defendant-rights due-process guilty-plea guilty-plea-withdrawal jurisdiction jurisdictional-issue right-to-withdraw standard-of-review statutory-interpretation
Key Terms:
DueProcess
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Whether the Tenth Circuit Court of Appeals erred by not reversing the trial court's order denying petitioner his right to withdrawal of the guilty plea?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1) WHETHER THE TENTH CIRCUIT COURT OF APPEALS ERRED BY NOT REVERSING THE TRIAL COURTS ORDER DENYING PETITIONER HIS RIGHT TO WITHDRAWAL OF THE GUILTY PLEA? PETITIONER SAYS "YES". (2) DID THE CIRCUIT COURT ABUSE ITS DISCRETION BY NOT FINDING THAT PETITIONER WAS ENTITLED TO WITHDRAWAL OF GUILTY PLEA AND ERRED BY DISMISSING HIS APPEAL? PETITIONER SAYS "YES". ; (3) WERE THE RIGHTS OF PETITIONER VIOALTED UNDER THE TEN DAY RULE TO WITHDRAW GUILTY PLEA WHENEVER STATE ACTORS CHOOSE NOT TO FOLLOW STATE STATUTORY LAW? PETITIONER SAYS "YES". (4) WHETHER A STATUTE THAT PLACES DUTIES ON PUBLIC OFFICIALS AND ESTABLISHES RIGHTS OF DEFENDANTS WITH THE INTENT TO DENY RELIEF TO SAID DEFENDANTS UNDER THE STATUTES WHENEVER POSSIBLE VIOLATES DUE PROCESS? (5) WHETHER A JURISDICTIONAL ISSUE IS OR IS NOT SUBJECT TO WAIVER, AND WHETHER . A JURISDICTIONAL ISSUE CAN BE RAISED AT ANY TIME? (6) WHETHER A PETITIONER WHO WAS COERCED INOT TAKING GUILTY PLEA CAN LATER WITHDRAW HIS GUILTY PLEA AND ASSERT REASONS TO PROCEED TO TRIAL? PETITIONER SAYS "YES". (7) WHETHER OR NOT THERE IS A SET STANDARD OF TIME FOR A PETITIONER TO CONTEMPLATE AND THINK OVER HIS GUILTY PLEA? PETITIONER SAYS "YES". (8) WHETHER PETITIONERS COMPETENCY SHOULD HAVE BEEN CALLED INTO QUESTION BECAUSE PETITIONER WAS NOT TAKING HIS REQUIRED MEDICATION THUS RENDERING GUILTY PLEA UNKNOWING, UNVOLUNTARY, AND UNINTELLIGENTLY ENTERED? PETITIONER SAYS "YES".

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2018-04-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 19, 2019)

Attorneys

Raphael Hamilton
Raphael R. Hamilton — Petitioner