No. 18-8828

Dante Overby v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-04-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel overreach plea-bargaining speedy-trial
Key Terms:
FifthAmendment JusticiabilityDoctri
Latest Conference: 2019-05-23
Question Presented (AI Summary)

Does the guilty plea induced by an 'illusory promise' violate the 6th Amendment?

Question Presented (from Petition)

QUESTION(S) PRESENTED ; _ DOES THE GUILTY PLEA INDUCED BY AN "ILLUSORY PROMISE" VIOLATE THE 6° AMENDMENT? 7 WHERE THE GUILTY PLEA WAS RULED INVOLUNTARY, BUT THE COURT FAILED TO REVIEW ; THE PREJUDICE PRONG OF THE INEFFECTIVENESS CLAIM, SHOULD PREJUDICE HAVE, BEEN PRESUMED? = . DID PETITIONER RECEIVE A FULL AND FAIR HEARING ON THE ISSUES HE TENDERED ON Coos ae , © DIRECT APPEAL? DOES THE GUILTY PLEA INDUCED BY AN “ILLUSORY. PROMISE". CONSTITUTE BAD FAITH WHICH VIOLATES THE 5°" AMENDMENT'S DOUBLE JEOPARDY CLAUSE? , DID THE STATE COURT'S APPLICATION OF PA.R.CRIM.P. RULE 600° VIOLATE a PETITIONER'S FEDERAL SPEEDY TRIAL RIGHTS? . DOES ALLOWING PETITIONER TO "ENTER A CONDITIONAL GUILTY PLEA WHICH DEFENSE = COUNSEL, THE PROSECUTION AND THE COURT UNDOUBTEDLY WAS ILLEGAL" AMOUNT TO . a : OVERREACHING THAT BARS A RETRIAL? WAS PETITIONERACTUALLY AFFORDED A TRIAL AT ALL WHERE THE TENDERED GUILTY PLEA ‘IS VOID AB INITIO? oo Se I vi : LISTOF PARTIES —_\_ ]_All 2 — ——___. x] All parties do not appear in the caption of the case on the cover page. A list of all

Docket Entries

2019-08-23
Rehearing DENIED.
2019-08-01
DISTRIBUTED.
2019-06-18
Petition for Rehearing filed.
2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-05-06
Waiver of right of respondent Pennsylvania to respond filed.
2019-02-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2019)

Attorneys

Dante Overby
Dante Overby — Petitioner
Dante Overby — Petitioner
Pennsylvania
Nancy WinkelmanDistrict Attorney's Office, Respondent
Nancy WinkelmanDistrict Attorney's Office, Respondent