No. 21-7009

Cristian M. Loga-Negru v. Wisconsin

Lower Court: Wisconsin
Docketed: 2022-01-31
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: brady-violation constitutional-rights criminal-procedure deportation due-process exculpatory-evidence plea-bargaining prosecutorial-misconduct vindictiveness
Latest Conference: 2022-06-23 (distributed 2 times)
Question Presented (AI Summary)

Whether a defendant who demonstrates that a prosecutor willfully injected into a plea colloquy a more serious and concealed criminal charge based on the same course of alleged conduct as the initial charge, and established a realistic likelihood of vindictiveness when the charge carries a high risk of deportation, has shown a violation of the safeguards of the Due Process Clause of the Fourteenth Amendment

Question Presented (OCR Extract)

No question identified. : \) Tue Qoestion: PRESENTED STANDS FORTHE NKRPOW PROPOSITION THAT TN ASTATE CRIMINAL CASE A QEFENORNT WHO DEMONSTRATES THAT TROSECUTOR WILLFULLY INJECTED INTO THEPLEA COLLOQUY A INBRE SEROUS AND CONCEALED CUIMINAL CHARGE SED OA THE SANE CoURE OF ALLEcED Connotr AS THE \NITLAL CHARGE, MAD ESTHMLICHED 4 REAMSTC Uke Hood OF VINDCTIUENESS WHEN TRE CHARGE Aine CARDES A HIGH PSK OF DEPORTATION, AND THE PROSECUTOR VioLATES TNE SAFEGUARDS OF THE DUE PROCESS CLAUSE oF TAE XI) ConSTHTUTONAL AMENDHENT, BY KNOWINGLY FRUSTURING THE AchQsEn MIGHT TO ASSISTANCE OF COONCELING AND THE URDEN RIGT To Have HIS TON DECIDED OY 4 PARTICULKE TRIDINAL, WOTHOUT REORRTEN ATTEMPTS TO CONVICT Hitt OF AN ALLEGED OFFENSE THE SURECTS HIM TO ENGARESSHENT, EXPENSE, AND THE ORDEAL TO WUE iN ACDNTINUING STATE OF ENXIETY AND INCECDRITY. THIS PROPO~ SITION IS FURTHER STRENGTHEN WHEN THE PROSECUTOR'S WILLFUL SUPDESHON. OF EXCULPATORY INFORFTION SHODLY BE TREATEN iN THE SANE. TANNER AS IF THERE HA PERN ASPECIFIC LEQUEST TO DISCLOSE An ITER OF OBVIOUS IMPORTANCE . DEQOEST FOR ORAL ARGUMENT. is HEEEBY SUBMITPED. ~~

Docket Entries

2022-06-27
Rehearing DENIED.
2022-06-07
DISTRIBUTED for Conference of 6/23/2022.
2022-04-02
Petition for Rehearing filed.
2022-03-28
Petition DENIED.
2022-03-10
DISTRIBUTED for Conference of 3/25/2022.
2022-02-17
Waiver of right of respondent Wisconsin to respond filed.
2022-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 2, 2022)

Attorneys

Cristian Loga-Negru
Cristian M. Loga-Negru — Petitioner
Wisconsin
Robert G. ProbstWisconsin Department of Justice - Criminal Appeals, Respondent