No. 18-8075

Godwin Oriakhi v. United States

Lower Court: Fifth Circuit
Docketed: 2019-02-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure double-jeopardy fifth-amendment ineffective-assistance-of-counsel lafler-v-cooper plain-error plain-error-review plea-bargaining pro-se-filing strickland-v-washington
Key Terms:
FifthAmendment
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Whether Lafler v. Cooper is violated when trial counsel advises a defendant to enter a guilty plea to an indictment that, on its face, violates the Fifth Amendment's Double Jeopardy clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether Lafler v. Cooper is violated when trial counsel advises a defendant to enter a guilty plea to an indictment that, on its face, violates the Fifth Amendment's Double Jeopardy clause, and; Whether Strickland v. Washington is violated when appellate counsel fails to raise this 'unpreserved' Double Jeopardy clain, and; Whether Rosales-Mireles v. United States is violated when the appellate court then denies a ‘pro se supplement to counsel-filed Brief’ in order to raise this (unpreserved) Double Assistance of Counsel claim at the appellate stage, for plain error review. (2)

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-28
Waiver of right of respondent United States to respond filed.
2019-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)

Attorneys

Godwin Oriakhi
Godwin Oriakhi — Petitioner
Godwin Oriakhi — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent