Aaron Lee Smiley v. United States
HabeasCorpus
Does a plea agreement need to pass constitutional muster before it waives a person's right to challenge on appeal the forfeiture of his or her home?
QUESTIONS PRESENTED I. Does a plea agreement need to pass constitutional muster before it waives a person’s right to challenge on appeal the forfeiture of his or her home? II. While a majority of circuits allow forfeiture of a house in a plea . agreement, will the Supreme Court of the United States stand with the minority who require plea agreements to be unequivocally unambiguous in their forfeiture clauses? I. Whether a defendant can briskly and broadly waive away his constitutional rights by signing a plea agreement especially when there is evidence that the plea was signed under coercion : and without the trial court inquiring about the coercion? IV. . Whether the Court of Appeals erred in relying on United States v. Faulls, 821 F.3d 502, 507-08 (4th Cir. 2016) and dismissing Appellant's claims of ineffective assistance of counsel without a proper review in light of the overwhelming evidence of Appellant's trial attorney failing to conduct as a reasonably competent attorney and prejudice his client? ; i