No. 19-7303

Michael W. Smith v. Illinois

Lower Court: Illinois
Docketed: 2020-01-16
Status: Denied
Type: IFP
IFP
Tags: civil-commitment civil-rights constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel mental-competency plea-agreement plea-bargaining sexually-violent-person sixth-amendment
Latest Conference: 2020-03-20
Question Presented (from Petition)

Does the Petitioner have a Legal right by the U.S. Constitution and the Illinois Constitution, State law to be admonished about indefinite involuntary civil commitment Sexually Violent Person Commitment Act 725 ILCS 207/1 et seq., before accepting a promised plea agreement in a criminal proceeding?

2) Is Petitioner entitle to a Sixth Amendment U.S. Constitutional Right to effective assistance of counsel when tried in a Court of law admonishing Petitioner of any other possible outcomes when accepting such promised plea agreement?

3) Does the Petitioner have a legal right by the U.S. Constitution and the Illinois Constitution, State law to be admonished about indefinite involuntary civil commitment sexually violent person 725 ILCS 207/1 et seq., before accepting a promised plea agreement in a criminal court proceeding by the sitting Honorable Judge James T. Teros.

4) Does the Petitioner have a legal right by the U.S. Constitution and the Illinois Constitution, State law to be admonished about indefinite involuntary civil commitment sexually violent person commitment act 725 ILCS 207/1 et seq., before accepting a promised plea agreement in a criminal court proceeding by the prosecuting States Attorney r Heidi J. Weller.

5) Does the Petitioner challenges his guilty plea to a promised plea agreement r arguing that the constitutional violation was the denial of effective assistance of counsel. Strickland v. Washington, 466 U.S. 668 (1984). Counsel for the Petitioner was ineffective that his performance was deficient to the Petitioner when counsel failed to ensure the Petitioner of the SVP consequences and the Petitioner guilty plea was not voluntarily and intelligently entered.

6) Criminal Responsibilities-quasi-civil. Can a mentally incompetent person consent to a certain crime and be held liable? If not, than can a mentally incompetent person accept a promised plea agreement without admonishment of all other possibilities/collateral consequences?

Question Presented (AI Summary)

Does the Petitioner have a legal right to be admonished about indefinite involuntary civil commitment before accepting a plea agreement?

Docket Entries

2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2019-12-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 18, 2020)

Attorneys

Michael W. Smith
Michael Warren Smith — Petitioner