No. 21-7987

Keith Rose v. United States

Lower Court: Ninth Circuit
Docketed: 2022-05-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights collateral-review criminal-conviction criminal-procedure due-process habeas-corpus judicial-review plea-agreement plea-bargaining standing
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-06-23
Question Presented (AI Summary)

Whether the right recognized in Class v. United States extends to collateral review

Question Presented (OCR Extract)

question presented here is whether the right this Court recognized in Class extends to collateral review. 2. Alternatively, the question presented is, if an individual pleaded guilty pursuant to a plea agreement that prohibited his right to collaterally attack his conviction, does a court still have a duty to assess whether an individual is currently incarcerated for conduct that is not now, and never was, a crime, and thus whether it had the authority to impose a sentence in the first place, or, can the government, through the plea agreement it structures, forever bar individuals from accessing the court to have their claim adjudicated on the merits that they have been stripped of their liberty on the basis of engaging in conduct that, following clarification from this Court, does not constitute a crime. i

Docket Entries

2022-06-27
Petition DENIED.
2022-06-08
DISTRIBUTED for Conference of 6/23/2022.
2022-06-02
Waiver of right of respondent United States to respond filed.
2022-05-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 27, 2022)

Attorneys

Keith Rose
Peggy SassoOffice of the Federal Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent