No. 18-7710

Jose Garcia Mejia v. Shawn Hatton, Warden

Lower Court: Ninth Circuit
Docketed: 2019-02-01
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 5th-amendment administrative-processing aedpa constitutional-rights criminal-procedure due-process habeas-corpus plea-bargaining procedural-error
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-03-29
Question Presented (AI Summary)

Were Petitioner's constitutional Rights violated during trial?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Were Petitioner's constitutional Rights violated during ; trial? When Petitioner had no relastic chane of prevailing and . the record was silent as to whether He understood. This is a reversible error because the Trial Court failed to advise him of the full panoply of constitutional rights he was waiving. See: Argument's one and two, in which petitioner presents the issue that is unresolved by the Cjourt's previous pronouncements as : to whether the test of prejudice when a defendant is not adequately advised of his constitutional rights following a BUNNELL, plea is whether the record adequately demonstrates that he would not have waived his Rights, if he had been aware he would likely be convicted. . Also, were the Rights afforded to a State Prisoner to ; file federal writ of habeas corpus petition raising constitutional violations made void by the Court for lack of adminis strative processing ina timely fashion and thereby the time to file a timely petition under AEDPA lapsed. Should the Petitioner be made to bare the weight of this error? and hence lose his Right afforded under the due process clause : of 5th and 14th amendments of the U.S. const.?

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2018-09-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2019)

Attorneys

Jose G. Mejia
Jose G. Mejia — Petitioner
Jose G. Mejia — Petitioner