No. 20-1095

Darius Wayne Haws v. Idaho

Lower Court: Idaho
Docketed: 2021-02-10
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: appeal-waiver appellate-rights constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment guilty-plea plea-agreement
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-05-13 (distributed 2 times)
Question Presented (AI Summary)

Whether a criminal defendant's purported waiver of the right to appeal is knowing, intelligent, and voluntary

Question Presented (from Petition)

QUESTION PRESENTED Whether a criminal defendant’s purported waiver of the right to appeal in a plea agreement is knowing, intelligent, and voluntary—as required by the Due Process Clauses of the Fifth and Fourteenth Amendments—when the trial court incorrectly informs the defendant, during the colloquy in which the court accepts the defendant’s guilty plea, that the defendant has reserved the right to appeal. (D

Docket Entries

2021-05-17
Petition DENIED.
2021-04-27
DISTRIBUTED for Conference of 5/13/2021.
2021-04-26
Reply of petitioner Darius Haws filed.
2021-04-05
Motion to delay distribution of the petition for a writ certiorari until April 27, 2021 granted.
2021-03-31
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 14, 2021 to April 27, 2021, submitted to The Clerk.
2021-03-30
Brief of respondent State of Idaho in opposition filed.
2021-03-30
Brief amici curiae of Idaho Association of Criminal Defense Lawyers and National Association of Criminal Defense Lawyers filed.
2021-03-01
Response Requested. (Due March 31, 2021)
2021-02-17
DISTRIBUTED for Conference of 3/5/2021.
2021-02-12
Waiver of right of respondent State of Idaho to respond filed.
2021-02-04
Petition for a writ of certiorari filed. (Response due March 12, 2021)

Attorneys

Darius Haws
Jeremy Charles MarwellVinson & Elkins LLP, Petitioner
Jeremy Charles MarwellVinson & Elkins LLP, Petitioner
Idaho Association of Criminal Defense Lawyers and National Association of Criminal Defense Lawyers
Jonah Joshua Horwitz — Amicus
Jonah Joshua Horwitz — Amicus
State of Idaho
Kenneth K. JorgensenOff of Attny Gen - State of ID, Respondent
Kenneth K. JorgensenOff of Attny Gen - State of ID, Respondent