No. 20-6862

Montecarlos Gant v. United States

Lower Court: Eighth Circuit
Docketed: 2021-01-13
Status: Denied
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: appellate-review constitutional-error due-process guilty-plea plain-error prejudice reversal substantial-rights
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (AI Summary)

Whether automatic reversal is required when a defendant's plea was not knowingly and intelligently made in violation of the Due Process Clause

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW (1) When it is undisputed that a defendant’s plea was not knowingly and intelligently made in violation of the Due Process Clause, is automatic reversal required? (2) Relatedly, what prejudice inquiry (if any) applies to appellate review of an unknowing and involuntary guilty plea? (3) Whether the constitutional error satisfied the substantial-rights prong of plain error as applied by the court?

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-04-01
DISTRIBUTED for Conference of 4/16/2021.
2021-03-15
Memorandum of respondent United States of America filed.
2021-01-22
Motion to extend the time to file a response is granted and the time is extended to and including March 15, 2021.
2021-01-21
Motion to extend the time to file a response from February 12, 2021 to March 15, 2021, submitted to The Clerk.
2020-01-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2021)

Attorneys

Montecarlos Gant
Heather Rae QuickFederal Public Defender Office for the Northern and Southern Districts of Iowa, Petitioner
Heather Rae QuickFederal Public Defender Office for the Northern and Southern Districts of Iowa, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent