DueProcess
Is a motion to withdraw guilty plea considered a 'critical stage' requiring the assistance of counsel?
QUESTIONS PRESENTED 1. Is a motion to withdraw guilty plea considered a "critical Stage" requiring the assistance of counsel for a person "too poor" to hire one at the following stages: (a) Post-senticing, before written judgment is entered? (b) Post written judgment, but before 60-day time to appeal? (c) After 60-day time limit for direct appeal and before 1-year time limit to file motion to withdraw’ plea? ! 2. Can state courts procedurally default a plea-convicted ! petitioner for failing to timely file a notice of appeal, pro se, while he/she is still under representation of courtappointed counsel? . 3. Can the state's highest court tell an:appellant who is forced to proceed pro-se that he/she cannot raise IATC claims because | they cannot demonstrate that there is a record to support the ; claims, and when the person finally obtains the necessary records be procedurally defaulted for not appealing the claims? 4. Can a petitioner's pro-se motion to withdraw guilty plea claiming to be misled by court-appointed attorney be denied for not producing evidence to show how he/she was prejudiced, ; while attorney is still under court order to represent them? 5. Can a state court create a conflict of interest by ordering trial counsel to represent client on collateral review when client is complaining of IATC? 6. Can a state court grant immunity to a public defender for ~ ~* revealing bad acts when responding to allegations of IATC? 7. Is a@:state's standard PLEA OF GUILTY AND WAIVER OF RIGHTS form signed when substituting a plea of not guilty for a guilty plea invalid for containing unfulfillable promisees? If so, does it render the plea null and void requiring all rights waived to be restored? 8. Does a petitioner who misses the 1-year limit for postconviction limited to a showing of actual innocence? Or would evidence that he/she would have not pled guilty, but would have elected to proceed to trial, based on newly discovered evidence be sufficient? ; 9. Is it a violation of the Equal Protection Clause of the 14th Amendment when a person is discriminated against for having been charged with an abhorent crime, thus becoming part of . / hated group? ; . 7 i ; , -U.S.S.Ct. Rule 14 (1)(b)(i) : .