No. 19-6185

Aaron Lee Smiley v. United States

Lower Court: Fourth Circuit
Docketed: 2019-10-07
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-review civil-rights coercion constitutional-rights due-process forfeiture home-forfeiture ineffective-assistance ineffective-assistance-of-counsel plea-agreement standing
Key Terms:
HabeasCorpus
Latest Conference: 2019-11-08 (distributed 2 times)
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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

Docket Entries

2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-11
Waiver of right of respondent United States to respond filed.
2019-10-07
Motion (19M19) for leave to file a petiiton for a writ of certiorari with the supplemental appendix under seal Granted.
2019-07-17
MOTION (19M19) DISTRIBUTED for Conference of 10/1/2019.
2019-07-01
Motion (19M19) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2019-07-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2019)

Attorneys

Aaron Lee Smiley
Murray KamionskiLaw Office of Murray Kamionski, Petitioner
Murray KamionskiLaw Office of Murray Kamionski, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent