No. 20-5691

In Re Freeman Berry

Lower Court: N/A
Docketed: 2020-09-14
Status: Denied
Type: IFP
IFP
Tags: constitutional-violation criminal-procedure due-process guilty-plea indictment jurisdiction jurisdictional-authority plea-agreement
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Does the United States Government retain the inherent right to bind this Petitioner and other Defendants to a guilty plea contract it drafted containing an indictment that does not represent the Petitioner or Subject Matter purported to be the offense against the laws of the United States

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the United States Government retain the inherent right to bind this Petitioner and other Defendants to a guilty plea contract it drafted containing an indictment that does not represent the Petitioner or Subject Matter purported to be the offense against the laws of the United States. 2. Do District. Courts retain jurisdictional authority to convict a defendant when the plea agreement contract implicates a non-existent indictment. 3. Can District: Court acceptance’ of a plea agreement contract with an indictment that fails to represent the Subject and Subject Matter violate the United States Constitution. . . ‘ i 7 } CERTIFICATE OF INTERESTED PERSONS The undersigned certifies that the following listed persons and entities as described in the fourth sentence of Rule 28.2.1 that have an interest in the outcome of this case. These representations . are made in order that the Judges of this Court may evaluate possible disqualification or recusal. : , Donald F. Samuel, Defendant's Trial Counsel . Katherine Monahan, Prosecutor, US Assistant Attorney Richard W. Story, District Court Judge ; Mr. Baverman, Magistrate Court Judge Julie E. Carnes, District Court Judge i sonde ore Se : aii i . . . a PETITION FOR AN EXTRAORDINARY WRIT AUTHORIZED BY 28 U.S.C. 1651(a) TABLE _OF CONTENTS PAGE QUESTIONS PRESENTED.2200ees

Docket Entries

2020-10-13
Petition DENIED.
2020-09-17
DISTRIBUTED for Conference of 10/9/2020.
2020-05-01
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

In Re Freeman Berry
Freeman Berry — Petitioner