No. 23-5734

Lawrence Flack v. United States

Lower Court: Sixth Circuit
Docketed: 2023-10-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-waivers constitutional-rights double-jeopardy guilty-plea ineffective-assistance ineffective-counsel plain-error plea-agreement
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-11-09
Question Presented (AI Summary)

Whether Appellant counsel's Anders brief was inadequate where evidence exists that Appellant's Constitutional rights were violated, including double jeopardy rights, which the plea agreement and the indictment still contain duplicative charges?

Question Presented (from Petition)

QUESTION(S) PRESENTED , I. Whether Appellant counsel Anders brief was inadequate were evidence exist that Appellant Constitutional rights were violated, double jeopardy rights, which the plea agreement and the indictment still contain duplicative charges? See Exhibit A, B, C, D, E ‘ II. Whether the Appellate court erred in failing to address and make factual finding on all Appellants evidence and arguments? III. Whether the interest of justice requires invalidate of the appeilate waivers because of violations of double jeopardy and piain errors? See Exhibit A, B, C, D IV. Whether Appellant's guilty plea and appellate waivers are invalid due to double jeopardy violations remaining in the plea and indictment alone with counsel's ineffective assistance in the prior and present proceedings? See Exhibit A, B, C, D , Vv. Whether the Sixth Circuit panel décision is conflicting with the Supreme Court and the prior three panel orders ruling in Appellant favor due to double jeopardy violations? See-Exhibit A, B, C, D : , VI. Whether Mr. Flacks case should be vacated due to the plain error, constitutional violations, double jeopardy, compounded with the intervening changes in the laws Concepcion v. United States, 597 U.S. (S.Ct. 6/7/2022)? See Exhibits A, B, C, D, E :

Docket Entries

2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-18
Waiver of right of respondent United States to respond filed.
2023-08-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2023)

Attorneys

Lawrence Flack
Lawrence Flack — Petitioner
Lawrence Flack — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent