No. 19-6665

Wesley Harlan Kingsbury v. United States

Lower Court: Ninth Circuit
Docketed: 2019-11-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-coercion section-2255 voluntariness
Key Terms:
HabeasCorpus Securities
Latest Conference: 2019-12-13
Question Presented (AI Summary)

Was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea?

Question Presented (from Petition)

QUESTION PRESENTED The petitioner entered a guilty plea to health care fraud after his jury trial on the charges had commenced. He later filed a motion seeking to vacate his conviction on grounds that his attorney had misadvised him concerning the consequences of the plea and because his plea was not knowing and voluntary. The question presented is, was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea when he alleged that at the time of the plea he had been recently taken to a hospital due to a chronic heart condition and that his attorney told him to plead guilty in order to avoid the stress of trial and to recover his health?

Docket Entries

2019-12-16
Petition DENIED.
2019-11-27
DISTRIBUTED for Conference of 12/13/2019.
2019-11-22
Waiver of right of respondent United States to respond filed.
2019-11-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 18, 2019)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Wesley Kingsbury
Stephanie AdraktasLaw Office of Stephanie Ardraktas, Petitioner
Stephanie AdraktasLaw Office of Stephanie Ardraktas, Petitioner