No. 18-9748

George Hernandez v. United States

Lower Court: Ninth Circuit
Docketed: 2019-06-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confidential-informant criminal-procedure discovery due-process fair-trial guilty-plea informant plea-bargaining plea-withdrawal sentencing-disclosure withdrawal-of-plea
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does the 'fair and just reason' standard for withdrawal of a guilty plea properly encompass the post-plea, pre-sentence acquisition of information about a confidential informant?

Question Presented (OCR Extract)

QUESTION PRESENTED GIVEN GOVERNMENT DISCOVERY DISCLOSURE PRACTICES RELATING TO ITS USE OF CONFIDENTIAL INFORMANTS, DOES THE "FAIR AND JUST REASON" STANDARD FOR WITHDRAWAL OF A GUILTY PLEA PROPERLY ENCOMPASS THE POST-PLEA, PRESENTENCE ACQUISITION OF INFORMATION ABOUT A CONFIDENTIAL INFORMANT THAT WOULD CAUSE A REASONABLE DEFENDANT TO HAVE NOT CHOSEN TO PLEAD GUILTY?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-07-01
Waiver of right of respondent United States to respond filed.
2019-06-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2019)

Attorneys

George Hernandez
Myra June SunMyra Sun - Attorney at Law, Petitioner
Myra June SunMyra Sun - Attorney at Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent