No. 20-7740

Jason Robert Vickers v. Kenneth Diggs, Warden

Lower Court: Fourth Circuit
Docketed: 2021-04-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-indictment criminal-procedure due-process evidence-fabrication exculpatory-evidence guilty-plea ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct wrongful-conviction
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-06-03
Question Presented (AI Summary)

Whether a criminal defendant can challenge an indictment and/or conviction after a coerced guilty plea

Question Presented (OCR Extract)

QUESTION(S) PRESENTED i. Police Reports are often embellished in order to charge and/or indict a person wi +, a harshecrime, Lf a Criminal defendant 1s indicted On a pacticulac offense, but the elements of that crime and the evidence do not suport that offense, Can a defendant challerge He indictment . and/or Conviction after a Coerced guilty pea! , 8, Many snmocent peeple are essentially blackmailed. int pleading guilty to crimes . they did not comait, Tf a erimial defendant pleads guilty to a Felony does it preclude him or her from presentag new evidence Cxonerachig Hem of the crime and are they entiHed to an evidentiary heacing on te matter? 3, The systemic destuction of potentially exculpatory evidence after a Crimiaal defendants Conviction Continves to be a due prowess Violation for many tanocent prisoners. DNA testing 15 Conclusive and when a State has a Clear Statytory duty +o preserve physical evidene atte a Conviction end it impunitively destroys Hat evidence, does Hat constiivte bad faith and if it does what is He remedy? 4. The Rublic Defenders Of Gice Is routinely appointed to represent indigent Criminal defendants and 1s often overwhelmed with cheats, Does *t Canstihte imetbective assistance of Comsel when & defendant Is Coveted into pleading quill when, had counsel produced @ proper defense at trial a different ovtcome would (kely have Occurred? .

Docket Entries

2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-12
Waiver of right of respondent Kenneth Diggs to respond filed.
2021-04-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 14, 2021)

Attorneys

Jason Robert Vickers
Jason Robert Vickers — Petitioner
Jason Robert Vickers — Petitioner
Kenneth Diggs
Kimberly Nicole CallahanNorth Carolina Department of Justice, Respondent
Kimberly Nicole CallahanNorth Carolina Department of Justice, Respondent