No. 19-746

Oliver Ray Carbutt v. Colorado

Lower Court: Colorado
Docketed: 2019-12-11
Status: Denied
Type: Paid
Response Waived
Tags: criminal-procedure due-process fourteenth-amendment guilty-plea plea-bargaining presentence-investigation self-incrimination sentencing sex-offense sex-offenses
Key Terms:
FifthAmendment DueProcess HabeasCorpus
Latest Conference: 2020-01-17
Question Presented (AI Summary)

When a court is required to advise a defendant of the privilege against self-incrimination during a presentence investigation for a sex offense?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. When a court is in the process of accepting a guilty plea for a sex offense that will require an intrusive presentence investigation including questions about uncharged sexual misconduct, is the court required to affirmatively advise the defendant that he has a privilege against self-incrimination during the presentence investigation? And, if so, II. Did the Colorado courts violate the due process clause of the Fourteenth Amendment by refusing to vacate Oliver Carbutt’s guilty plea? III. Does Carbutt’s conviction violate the due process clause of the Fourteenth Amendment because his plea was not knowing, intelligent, or voluntary, because he was misadvised about the maximum and minimum penalties?

Docket Entries

2020-01-21
Petition DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-17
Waiver of right of respondent Colorado to respond filed.
2019-12-09
Petition for a writ of certiorari filed. (Response due January 10, 2020)

Attorneys

Colorado
L. Andrew CooperOffice of the Colorado Attorney General, Respondent
L. Andrew CooperOffice of the Colorado Attorney General, Respondent
Oliver Carbutt
Joseph Saint-VeltriAttorney at Law, Petitioner
Joseph Saint-VeltriAttorney at Law, Petitioner