No. 20-7764

Jamil Stefon Carter v. O'Bell T. Winn, Warden

Lower Court: Sixth Circuit
Docketed: 2021-04-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel jury-selection motion-to-suppress plea-withdrawal right-to-appeal
Key Terms:
DueProcess
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Whether due process requires plea withdrawal where the petitioner was unaware that his guilty plea waived his right to appeal the denial of a pre-trial motion to suppress, was frightened into pleading guilty by defense counsel's failure to ask questions of potential jurors, and felt defense counsel had lost interest in the case

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; . Ground One: , ‘ DUE PROCESS REQUIRES PLEA WITHDRAWAL WHERE PETITIONER NID NOT KNOW HIS GUILTY PLEA WAIVED HIS RIGHT TO APPRAL THE DENIAL OF THE PRE-TRIAL MOTION TO SUPPRESS PETITIONER"S STATEMENT TO A DETECTIVE AND WHERE PETITIONER WAS FRIGHTENED INTO PLEADING GULTY BY DEFENSE COUNSEL'S FAILURE TO ASK THE QUESTIONS PETITIONER WANTED PUT TO THE POTENTIAL JURORS DURING SELECTION AND PETITIONER. FELT pEFENSE TRIAL COUNSEL HAD LOST INTEREST IN THE CASF. U.S. CONST. AMS cd . . Ground Two: . . DUE PROCESS REQUIRES PLEA WITHDRAWAL WHERE TRIAL COUNSEL'S FAILURE TO INFORM THE TRIAL COURT THAT PETITIONER HAD INFORMED COUNSEL THAT THE CONFESSION HE MADE TO DETECTIVE JOHNELL WHITE WAS COMPLETELY FALSE. TRIAL COUNSEL'S FATLURE TO INFORM PETITIONER OF LESSER RELATED OFFENSES IN REGARDS TO THE ORIGINAL CHARGES. ‘TRIAL COUNSEL'S FAILURE TO FOLLOW THROUGH WITH THE TRIAL COURT DECISION FOLLOWING PETITIONER"S MOTION TO FIND OUT THE TRUE IDENTITY OF THE PROSECUTION . . WITNESS LORENZO PETTUS. TRIAL COUNSEL'S FAILURE TO INFORM PETITIONER THAT HIS GUILTY PLEA WOULD WAIVE : HIS (RIGHT TO APPEAL THE PRE~TRIAL MOTION TO A POLYGRAPH EXAM. : “TR COUNSEL'S USH OF COERCION WHERE PETITIONER EXPRESSED RELUCTANCE DURING PLEA PROCEEDINGS. ALL THE ABOVE SHOULD BE CONSTITUTE INEFFECTIVE ASSISTANCE OF COUNSEL. U.S. . : CONST. AMS VI, XIV. ; . :

Docket Entries

2021-05-17
Petition DENIED.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-22
Waiver of right of respondent Warden Winn to respond filed.
2021-04-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 14, 2021)

Attorneys

Jamil Stefon Carter
Jamil Stefon Carter — Petitioner
Jamil Stefon Carter — Petitioner
Warden Winn
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent