No. 19-7154

In Re Corey Devon Eaton

Lower Court: N/A
Docketed: 2020-01-02
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: actual-innocence cause-and-prejudice constitutional-infirmity due-process plea-agreement plea-agreement-involuntary plea-waiver procedural-default retroactive-relief safety-valve
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2020-04-24 (distributed 2 times)
Question Presented (AI Summary)

whether-plea-agreement-involuntary

Question Presented (OCR Extract)

QUESTIONS PRESENTED ISSUE | ; (A) WHETHER CONSTITUTIONAL, STATUTORY INFIRMITIES, AND VIOLATIONS OF RULE 11 MAY HAVE RENDERED COREY DEVON EATON'S PLEA AGREEMENT, AND HIS PLEA WAIVER INVOLUNTARY, UNKNOWING AND UNINTELLIGENTLY MADE, BY REASON OF THE COURT, THE GOVERNMENT AND RETAINED COUNSEL'S FAILURE TO ENSURE HE WAS ENTITLED TO HIS RIGHTS TO APPEAL AND GET RELIEF UNDER THE SAFETY VALVE PROVISION AND 782 AMENDMENT. ee : ; (B) COREY DEVON EATON'S ENTITLEMENT TO SAFETY VALVE (C) WHETHER IN LIGHT OF PETITIONER'S CONSTRUCTIVE DENIAL OF COUNSEL AND CUMULATIVE ERRORS, THIS HONORABLE COURT HAS THE POWER TO GRANT RETROACTIVE RELIEF ON THE 782 AMENDMENT, BY REASON OF THE SUPREME COURT'S 2018 HOLDING IN HUGHES V. UNITED STATES, (CITATIONS OMITTED). ISSUE 2 ; WHETHER PETITIONER'S INVOCATION OF THE CAUSE AND PREJUDICE DOCTRINE, ALLIED WITH AN ACTUAL INNOCENCE CLAIM, ENTITLES HIM TO A MERITS DETERMINATION OF HIS OTHERWISE PROCEDURALLY DEFAULTED CLAIMS. . , QUESTIONS PRESENTED : ISSUE | : (A) WHETHER CONSTITUTIONAL, STATUTORY INFIRMITIES, AND VIOLATIONS OF RULE 11 MAY HAVE RENDERED COREY DEVON EATON'S PLEA AGREEMENT, AND HIS PLEA WAIVER INVOLUNTARY, UNKNOWING AND UNINTELLIGENTLY MADE, BY REASON OF THE COURT, THE GOVERNMENT AND RETAINED COUNSEL'S FAILURE TO ENSURE HE WAS ENTITLED TO HIS RIGHTS TO APPEAL AND GET RELIEF UNDER THE SAFETY VALVE PROVISION AND 782 AMENDMENT. (B) COREY DEVON EATON'S ENTITLEMENT TO SAFETY VALVE (C) WHETHER IN LIGHT OF PETITIONER'S CONSTRUCTIVE DENIAL OF COUNSEL AND CUMULATIVE ERRORS, THIS HONORABLE COURT HAS THE POWER TO GRANT RETROACTIVE RELIEF ON THE 782 AMENDMENT, BY REASON OF THE SUPREME COURT'S 2018 HOLDING IN HUGHES V. UNITED STATES, (CITATIONS OMITTED). ISSUE 2 : ‘ WHETHER PETITIONER'S INVOCATION OF THE CAUSE AND PREJUDICE DOCTRINE, ALLIED WITH AN ACTUAL INNOCENCE CLAIM, ENTITLES HIM TO A MERITS DETERMINATION OF HIS OTHERWISE PROCEDURALLY DEFAULTED CLAIMS.

Docket Entries

2020-04-27
Rehearing DENIED.
2020-04-08
DISTRIBUTED for Conference of 4/24/2020.
2020-03-10
Petition for Rehearing filed.
2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2020-01-13
Waiver of right of respondent United States to respond filed.
2019-12-03
Petition for a writ of prohibition and motion for leave to proceed in forma pauperis filed. (Response due February 3, 2020)

Attorneys

Corey Devon Eaton
Corey Devon Eaton — Petitioner
Corey Devon Eaton — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent