No. 20-7672
James Michael Garcia v. United States
Response WaivedIFP
Tags: assault child-abuse criminal-procedure double-jeopardy due-process guilty-plea plea-bargaining sentencing serious-bodily-injury
Key Terms:
FifthAmendment
FifthAmendment
Latest Conference:
2021-05-13
Question Presented (AI Summary)
Whether the government may pursue an assault charge after a defendant pleads guilty to felony child abuse where the assault charge subsumes the pled proof for the child abuse charge
Question Presented (from Petition)
QUESTION PRESENTED WHETHER, AFTER A DEFENDANT PLEADS GUITLY TO FELONY CHILD ABUSE, THE GOVERNMENT MAY STILL PURSUE A CHARGE OF ASSAULT RESULTING IN SERIOUS BODILY INJURY AT TRIAL WHERE THE ASSAULT CHARGE SUBSUMES THE PLED PROOF FOR THE FELONY CHILD ABUSE CHARGE. By
Docket Entries
2021-05-17
Petition DENIED.
2021-04-22
DISTRIBUTED for Conference of 5/13/2021.
2021-04-19
Waiver of right of respondent United States of America to respond filed.
2021-03-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 7, 2021)
Attorneys
James Michael Garcia
Joslyn Hunt — Federal Defenders of Montana, Petitioner
Joslyn Hunt — Federal Defenders of Montana, Petitioner
United States of America
Elizabeth B. Prelogar — Acting Solicitor General, Respondent
Elizabeth B. Prelogar — Acting Solicitor General, Respondent