No. 19-1060

Victor Thomas v. New York

Lower Court: New York
Docketed: 2020-02-26
Status: Denied
Type: Paid
Amici (2)Response Waived
Tags: appeal appellate-jurisdiction criminal-defendant criminal-procedure garza-v-idaho jurisdiction right-to-counsel sixth-amendment supreme-court-precedent waiver waiver-of-appeal
Key Terms:
CriminalProcedure HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2020-03-27
Question Presented (AI Summary)

Whether a provision in a waiver of appeal that forbids a criminal defendant from filing a notice of appeal, and in so doing also strips superior courts of jurisdiction to hear even unwaivable issues, conflicts with Garza v. Idaho, 139 S. Ct. 738 (2019), and therefore violates the Sixth Amendment right to counsel?

Question Presented (from Petition)

QUESTION PRESENTED Whether a provision in a waiver of appeal that forbids a criminal defendant from filing a notice of appeal, and in so doing also strips superior courts of jurisdiction to hear even unwaivable issues, conflicts with Garza v. Idaho, 139 S. Ct. 738 (2019), and therefore violates the Sixth Amendment right to counsel?

Docket Entries

2020-03-30
Motion for leave to file amicus brief filed by Cato Institute GRANTED.
2020-03-30
Petition DENIED.
2020-03-20
Motion for leave to file amicus brief filed by Cato Institute. (Distributed)
2020-03-11
DISTRIBUTED for Conference of 3/27/2020.
2020-03-03
Waiver of right of respondent The People of the State of New York to respond filed.
2020-02-24
Petition for a writ of certiorari filed. (Response due March 27, 2020)

Attorneys

Cato Institute
Ashley C. ParrishKing & Spalding, Amicus
Ashley C. ParrishKing & Spalding, Amicus
The People of the State of New York
Justin Joseph BraunOffice of the District Attorney, Bronx County, Respondent
Justin Joseph BraunOffice of the District Attorney, Bronx County, Respondent
Victor Thomas
Louis Francis O'NeillWhite & Case LLP, Petitioner
Louis Francis O'NeillWhite & Case LLP, Petitioner