No. 21-8274

Melvin Martinez v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-06-29
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: covid-19 criminal-procedure due-process ineffective-assistance-of-counsel plain-error plain-error-review plea-bargaining plea-hearing virtual-proceedings
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether the 'reasonable probability of prejudice' showing required for plain error review of plea hearing defects was met where the petitioner informed the district court of the involuntariness of the plea, the inaccuracy of the factual basis, and the petitioner's inability to consult effectively with counsel

Question Presented (OCR Extract)

QUESTION PRESENTED In light of the reduced reliability of virtual procedures employed during the pre-vaccine period of the COVID-19 pandemic, was the “reasonable probability of prejudice” showing required for plain error review of plea hearing defects met where petitioner, prior to being sentenced, informed the district court of the involuntariness of the plea, the inaccuracy of the factual basis, and petitioner’s inability to consult effectively with counsel? i INTERESTED PARTIES The caption contains the names of all of the parties interested in the proceedings. il

Docket Entries

2022-10-03
Petition DENIED.
2022-07-21
DISTRIBUTED for Conference of 9/28/2022.
2022-07-14
Waiver of right of respondent United States to respond filed.
2022-06-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2022)

Attorneys

Melvin Martinez
Richard C. Klugh Jr. — Petitioner
Richard C. Klugh Jr. — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent