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
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-03-20
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1) 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, Heidi J. Weller. , 5) Does the Petitioner challenges his guilty plea to a promised plea agreement, 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 a 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 Can a mentallyincompetent 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 consequences?

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
Michael Warren Smith — Petitioner