No. 22-7338

Robert Lemke v. United States

Lower Court: Second Circuit
Docketed: 2023-04-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: autonomy criminal-autonomy criminal-defendant defendant-rights due-process legal-representation liberty liberty-interests mental-health mental-health-considerations sentencing sentencing-procedure
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-05-18
Question Presented (AI Summary)

Whether a criminal defendant's right to autonomy applies to his sentencing?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a criminal defendant’s right to autonomy with respect to his defense applies to his sentencing? 2. Whether questions of a criminal defendant’s mental health are so closely tied to his right to autonomy in seeking to protect his liberty, that his attorney may not ignore the defendant’s express wishes in connection with sentencing? 2

Docket Entries

2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-05-01
Waiver of right of respondent United States of America to respond filed.
2023-04-17

Attorneys

Robert Lemke
Brendan Meyer WhiteWhite & White, Petitioner
Brendan Meyer WhiteWhite & White, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent