No. 23-121

Patrick Shin v. United States

Lower Court: Ninth Circuit
Docketed: 2023-08-08
Status: Denied
Type: Paid
Response Waived
Tags: coram-nobis criminal-case criminal-procedure defendant-decision-making ineffective-assistance plea-bargaining post-hoc-assertion prejudice strickland-standard strickland-v-washington writ-of-error
Key Terms:
DueProcess HabeasCorpus Immigration
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether a district court may require an additional showing of prejudice to grant a writ of coram-nobis

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a district court may require an additional showing of prejudice to grant a writ of coram nobis in a criminal case, and, if so, whether the required showing of prejudice is consistent with the standard set forth in Strickland v. Washington, 466 U.S. 668 (1984), wherein the district court must analyze the defendant’s decision making process, identify the determinative issue for the defendant, and analyze and resolve whether contemporary evidence supported the defendant’s post hoc assertion that, if properly advised, the defendant would have gone to trial rather than plead guilty. 2. Whether Bryan v. United States, 524 U.S. 184 (1998) overruled United States v. Carrier, 654 F.2d 559, 561 (9th Cir. 1981), by requiring a showing that the defendant had knowledge that the false statement was unlawful to prove a willful state of mind when prosecuting an illegal false statement under 18 U.S.C. §1001.

Docket Entries

2023-10-02
Petition DENIED.
2023-08-23
DISTRIBUTED for Conference of 9/26/2023.
2023-08-15
Waiver of right of respondent United States to respond filed.
2023-07-20
Petition for a writ of certiorari filed. (Response due September 7, 2023)

Attorneys

Patrick Shin
David Justin MinkinMcCorriston Miller Mukai MacKinnon LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent