No. 23-5239

Samuel Trelawney Hughes v. United States

Lower Court: Ninth Circuit
Docketed: 2023-07-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: autism-spectrum-disorder boykin boykin-standard change-of-plea cognitive-deficiencies cognitive-deficiency criminal-procedure district-court-record due-process plea-hearing
Key Terms:
ERISA DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Did the Ninth Circuit's rejecting Petitioner's due-process claim regarding his change-of-plea hearing conflict with Boykin-and-its-progeny, particularly considering that the district-court-record in its totality evidenced that Petitioner had serious-cognitive-deficiencies associated with his having Autism-Spectrum-Disorder, about which the district-court did not inquire?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW In Boykin v. Alabama, 395 U.S. 238, 243-44 (1969), the Court held that due process principles require a trial court to conduct a change-of-plea hearing such that the defendant demonstrates that he is entering his plea knowingly and voluntarily. Boykin also held that a trial court needs to develop a record sufficient for an appellate court examining the plea to determine that such the defendant knowingly and voluntarily relinquished core constitutional rights. Id. The question presented is as follows: Did the Ninth Circuit’s rejecting Petitioner’s due process claim regarding his change-of-plea hearing conflict with Boykin and its progeny, particularly considering that the district court record in its totality evidenced that Petitioner had serious cognitive deficiencies associated with his having Autism Spectrum Disorder, about which the district court did not inquire? -prefix

Docket Entries

2023-10-02
Petition DENIED.
2023-08-10
DISTRIBUTED for Conference of 9/26/2023.
2023-08-03
Waiver of right of respondent United States of America to respond filed.
2023-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 28, 2023)

Attorneys

Samuel Hughes
David Andrew SchlesingerJacobs & Schlesinger LLP, Petitioner
David Andrew SchlesingerJacobs & Schlesinger LLP, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent