No. 18-9216

Klark Deziray Hopkins v. California

Lower Court: California
Docketed: 2019-05-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal appeal-waiver constitutional-rights due-process fourteenth-amendment ineffective-assistance liberty plea-agreement presumption-against-waiver property right-to-appeal
Key Terms:
DueProcess CriminalProcedure
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Do the presumption against waiver of fundamental constitutional rights and the Fourteenth Amendment Due Process Clause's guaranty against deprivations of liberty and property apply to the right to appeal and protect against the appeal's dismissal?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Do the presumption against waiver of fundamental constitutional rights and the Fourteenth Amendment Due Process Clause’s guaranty against deprivations of liberty and property apply to the right to appeal and protect against the appeal’s dismissal? 2. Does the presumption of prejudice recognized in Roe v. FloresOrtega, 528 U.S. 470 (2000) and Garza v. Idaho, 139 S.Ct 738 (2018) apply when defense counsel filed a notice of appeal where defendant’s plea agreement included an appeal waiver, but deficiently obtained no certificate of probable cause, which resulted in the appeal’s dismissal? -i

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-07
Waiver of right of respondent The State of California to respond filed.
2019-04-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2019)

Attorneys

Klark Hopkins
Carlo AndreaniLaw Office of Carlo Andreani, Petitioner
Carlo AndreaniLaw Office of Carlo Andreani, Petitioner
The State of California
Peggy S. Ruffra — Respondent
Peggy S. Ruffra — Respondent