No. 19-8558

David Hardman v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-05-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion Anders-review appeal-waiver breach-of-plea-agreement criminal-procedure jurisdiction
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-06-18
Question Presented (AI Summary)

Did the circuit court err in refusing to make a determination of the validity of the appeal waiver during a review of the record, pursuant to Anders v. California?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FIRST QUESTION: DID THE CIRCUIT COURT ERR IN REFUSING TO MAKE A DETERMINATION OF THE VALIDITY OF THE APPEAL WAIVER DURING A REVIEW OF THE RECORD, PURSUANT TO ANDERS v. CALLFORNIA? SECOND QUESTION: DID THE CIRCUIT COURT ABUSE ITS DISCRETION BY FALLING TO ADDRESS A PROPERLY PRESENTED "BREACH OF PLEA AGREEMENT" CLAIM DURING A ANDERS REVIEW OF THE ENTIRE RECORD? -l JURISDICTION The Date on which the Eleventh Circuit Court of Appeals decided my case was on September 20, 2019. A timely Petition for Rehearing was denied on November 20, 2019. A Final Judgement was issued on December 10, 2019. Thereby Jurisdiction of this Court is invoked under 28 U.S.C. §1254(1) . 2

Docket Entries

2020-06-22
Petition DENIED.
2020-06-03
DISTRIBUTED for Conference of 6/18/2020.
2020-06-01
Waiver of right of respondent United States to respond filed.
2020-03-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 29, 2020)

Attorneys

David Hardman
David Bruce Hardman — Petitioner
David Bruce Hardman — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent