No. 19-6048

Franklin Pillier v. Massachusetts

Lower Court: Massachusetts
Docketed: 2019-09-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure criminal-procedure-rights due-process government-intrusion motion-to-withdraw-plea plea-bargaining plea-withdrawal probation probation-condition probation-conditions strict-scrutiny withdrawal-of-plea
Key Terms:
DueProcess FirstAmendment FifthAmendment Securities Immigration JusticiabilityDoctri
Latest Conference: 2019-11-01
Question Presented (AI Summary)

whether-defendant's-constitutional-rights-violated-by-repeated-guilty-plea-questioning

Question Presented (OCR Extract)

QUESTIONS PRESENTED 5 WHETHER, WHEN THE COURT ASKS A DEFENDANT IF HE IS GUILTY THIRTY-FIVE TIMES BEFORE INFORMING HIM OF THE RIGHTS HE IS FORFITTING AND THE CONSEQUENCES OF HIS PLEA, THE COURT VIOLATES THE DEFENDANT'S CONSTITUTIONAL RIGHTS AND HIS SUBSEQUENT MOTION TO WITHDRAW HIS PLEA MUST BE ALLOWED. II. WHETHER A CONDITION OF PROBABATION, WHICH COMMENCES WHILE A DEFENDANT IS INCARCERATED AND CONTINUES ONCE HE IS RELEASED FOR THE DURATION OF THE PROBATION, IS AN IMPERMISSABLE GOVERNMENT INTRUSION ON A DEFENDANT'S FUNDAMENTAL CONSTITUTIONAL RIGHTS WHEN STRICT SCRUTINY IS NOT SATISFIED. 3 LIST OF ALL PRIOR PROCEEDINGS Commonwealth v. Franklin Pillier, docket 1377CR659; Essex Superior Court, MA. Commonwealth v. Franklin Pillier, docket 1377CR667; Essex Superior Court, MA. Commonwealth v. Franklin Pillier, docket 1477CR1180; Essex Superior Court, MA. Commonwealth v. Franklin Pillier, 95 Mass. App. Ct. 1112 (2019). Docket 18-P-137 in the Appeals Court of Massachusetts. Commonwealth v. Franklin Pillier, 482 Mass. 1105 (2019). Docket FAR -26852 in the Massachusetts Supreme Judicial Court.

Docket Entries

2019-11-04
Petition DENIED.
2019-10-17
DISTRIBUTED for Conference of 11/1/2019.
2019-10-10
Waiver of right of respondent Commonwealth of Massachusetts to respond filed.
2019-09-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 25, 2019)

Attorneys

Commonwealth of Massachusetts
Thomas Edward BocianOffice of the Massachusetts Attorney General, Respondent
Thomas Edward BocianOffice of the Massachusetts Attorney General, Respondent
Pillier Franklin
Dale Marie MerrillLaw Office of Dale Marie Merrill, Petitioner
Dale Marie MerrillLaw Office of Dale Marie Merrill, Petitioner