No. 22-5007

Lann Tjuan Clanton, aka Tjuan v. United States

Lower Court: Fourth Circuit
Docketed: 2022-06-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver criminal-procedure federal-sting federal-sting-operation fourth-circuit ineffective-assistance ineffective-assistance-of-counsel plea-agreement
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether the Fourth Circuit erred in dismissing petitioner's appeal pursuant to a plea agreement waiver after petitioner won the right to file a belated appeal due to counsel's ineffectiveness

Question Presented (OCR Extract)

QUESTION PRESENTED I. WHETHER, AFTER WINNING THE RIGHT TO FILE A BELATED APPEAL DUE TO COUNSEL’S INEFFECTIVENESS FOR FAILING TO FILE A NOTICE OF APPEAL, THE FOURTH CIRCUIT ERRED IN DISMISSING PETITIONER’S APPEAL PURSUANT TO AN APPEAL WAIVER IN HIS PLEA AGREEMENT, WHEN PETITIONER HAD MERITORIOUS GROUNDS FOR APPEAL, IE. RECEIVING A LEADERSHIP ROLE IN A FEDERAL STING OPERATION. ul

Docket Entries

2022-10-03
Petition DENIED.
2022-07-14
DISTRIBUTED for Conference of 9/28/2022.
2022-07-06
Waiver of right of respondent United States to respond filed.
2022-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2022)

Attorneys

Lann Clanton
Rudolph Alexander Ashton IIIDunn, Pittman, Skinner & Cushman, PLLC, Petitioner
Rudolph Alexander Ashton IIIDunn, Pittman, Skinner & Cushman, PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent