No. 22-7225

Andrew Michael Gomez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-04-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-inquiry criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining presumption-of-innocence trial-court
Key Terms:
DueProcess HabeasCorpus CriminalProcedure Securities
Latest Conference: 2023-05-25
Question Presented (AI Summary)

whether-trial-court-required-to-inquire-into-factual-basis-of-guilty-plea

Question Presented (from Petition)

QUESTIONS PRESENTED 1.) Whether a trial court is constitutionally required : to conduct an extensive inquiry into, and make a judicial : finding of, the factual basis of a guilty plea once the accused has proclaimed his innocence. 2.) Whether a court evaluating a claim of ineffective assistance of trial counsel for failure to file a motion to suppress can deny that claim without deciding whether or : not the motion to suppress would have been granted. 3.) Whether trial counsel's decision to advise a defendant to plead guilty is reasonable when the totality of the evidence tends to prove that the defendant has committed no crime at all.

Docket Entries

2023-05-30
Petition DENIED.
2023-05-10
DISTRIBUTED for Conference of 5/25/2023.
2023-05-03
Waiver of right of respondent Mark Inch, et al. to respond filed.
2022-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2023)
2022-03-23
Application (21A538) granted by Justice Thomas extending the time to file until May 7, 2022.
2022-02-24
Application (21A538) to extend the time to file a petition for a writ of certiorari from March 8, 2022 to May 7, 2022, submitted to Justice Thomas.

Attorneys

Andrew Michael Gomez
Andrew Michael Gomez — Petitioner
Andrew Michael Gomez — Petitioner
Mark Inch, et al.
Trisha Meggs PateOffice of the Attorney General , Respondent
Trisha Meggs PateOffice of the Attorney General , Respondent