No. 22-850

Jacqueline Graham v. United States

Lower Court: Second Circuit
Docketed: 2023-03-08
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: effective-assistance-of-counsel party-presentation-rule plea-bargaining sixth-amendment united-states-v-sineneng-smith waiver
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-04-14
Question Presented (AI Summary)

Whether a defendant waives her Sixth Amendment claim by not asking the trial court to reinstate a plea offer that expired before her counsel conveyed it to her, where the defendant did not know that she had a right to have the plea offer reinstated

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a defendant waives her Sixth Amendment claim by not asking the trial court to reinstate a plea offer that expired before her counsel conveyed it to her, where the defendant did not know that she had a right to have the plea offer reinstated. 2. Whether a court of appeals violates the party-presentation rule stated in United States v. Sineneng-Smith, 140 S. Ct. 1575 (2020), by ruling on an issue that the parties did not raise and that the prevailing party expressly abandoned twice at oral argument.

Docket Entries

2023-04-17
Petition DENIED.
2023-03-22
DISTRIBUTED for Conference of 4/14/2023.
2023-03-17
Waiver of right of respondent United States of America to respond filed.
2023-03-02
Petition for a writ of certiorari filed. (Response due April 7, 2023)

Attorneys

Jacqueline Graham
Harry SandickPatterson Belknap Webb & Tyler LLP, Petitioner
Harry SandickPatterson Belknap Webb & Tyler LLP, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent