No. 20-7672

James Michael Garcia v. United States

Lower Court: Ninth Circuit
Docketed: 2021-04-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: assault child-abuse criminal-procedure double-jeopardy due-process guilty-plea plea-bargaining sentencing serious-bodily-injury
Key Terms:
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 HuntFederal Defenders of Montana, Petitioner
Joslyn HuntFederal Defenders of Montana, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent