No. 22-6751

Ernest Kyle Dyer v. United States

Lower Court: Third Circuit
Docketed: 2023-02-10
Status: Denied
Type: IFP
IFP
Tags: appeal appellate-review conditional-guilty-plea federal-criminal-procedure federal-rule-of-criminal-procedure-11(a)(2) harmless-error motion-to-suppress plea-bargaining prevail
Key Terms:
CriminalProcedure Privacy
Latest Conference: 2023-06-08
Question Presented (AI Summary)

When a defendant enters a conditional guilty plea, reserving the right to appeal an adverse decision on a motion to suppress, what harmless-error standard governs the determination of whether the defendant 'prevails on appeal' under Federal Rule of Criminal Procedure 11(a)(2)?

Question Presented (OCR Extract)

QUESTION PRESENTED When a defendant enters a conditional guilty plea, reserving the right to appeal an adverse decision on a motion to suppress, what harmless-error standard governs the determination of whether the defendant “prevails on appeal” under Federal Rule of Criminal Procedure 11(a)(2)?

Docket Entries

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-19
Reply of petitioner Ernest Kyle Dyer filed.
2023-05-12
Brief of respondent United States in opposition filed.
2023-04-06
Motion to extend the time to file a response is granted and the time is further extended to and including May 12, 2023.
2023-04-04
Motion to extend the time to file a response from April 12, 2023 to May 12, 2023, submitted to The Clerk.
2023-03-09
Motion to extend the time to file a response is granted and the time is extended to and including April 12, 2023.
2023-03-08
Motion to extend the time to file a response from March 13, 2023 to April 12, 2023, submitted to The Clerk.
2023-02-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 13, 2023)

Attorneys

Ernest Dyer
K. Wesley MishoeTucker Arensberg, P.C., Petitioner
K. Wesley MishoeTucker Arensberg, P.C., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent