No. 22-6978

Dechaun Toliver v. Jay Forshey, Warden

Lower Court: Sixth Circuit
Docketed: 2023-03-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-conviction due-process enterprise ineffective-assistance ineffective-counsel plea-bargaining plea-colloquy plea-negotiation rico rico-laws
Key Terms:
DueProcess
Latest Conference: 2023-03-31
Question Presented (AI Summary)

Can a RICO conviction stand without an 'Enterprise' or corrupt acts meeting a monetary threshold?

Question Presented (OCR Extract)

Questions Presented: 1. Under the RICO Laws, can a conviction stand without the existence of a “Enterprise”, a group of people associated in fact? Or without corrupt acts that meet the monetary threshold amount? 2. Js Due Process violated if the record reveals that there is “no evidence” of the crime ever happening? |. Does this support or show innocence? : 3. Is private counsel Ineffective if he negotiates plea deals for a crime that never occurred? 4. {sa Defendants Plea Intelligently made to a RICO if it is in fact just him on the case? 5. Is the plea colloquy disturbed if the judge accepts a plea to less than all the essential elements . of a crime? \ 1

Docket Entries

2023-04-03
Petition DENIED.
2023-03-16
DISTRIBUTED for Conference of 3/31/2023.
2023-03-15
Waiver of right of respondent Forshey, Warden to respond filed.
2023-02-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2023)

Attorneys

Dechaun Toliver
Dechaun Toliver — Petitioner
Dechaun Toliver — Petitioner
Forshey, Warden
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent