No. 23-5846

Jong Whan Kim v. United States

Lower Court: Fourth Circuit
Docketed: 2023-10-20
Status: Denied
Type: IFP
Amici (1)Response WaivedIFP
Tags: circuit-split criminal-procedure federal-courts indictment mens-rea plea-hearing rule-11
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-11-17
Question Presented (AI Summary)

Is it error for a district court to rely on a defendant's pre-hearing review of the indictment to inform him of the nature of the offense?

Question Presented (OCR Extract)

QUESTION PRESENTED Rule 11(b)(1)(G) of the Federal Rules of Criminal Procedure requires that, during a plea hearing, before a district court accepts a plea of guilty, it must first “nform the defendant of, and determine that the defendant understands .. . the nature of each charge to which [he] is pleading.” The question presented, on which the circuits are deeply divided—with at least four on one side and five on the other— is: Is it error for a district court to rely on a defendant’s pre-hearing review of the indictment to inform him of the nature of the offense? i

Docket Entries

2023-11-20
Petition DENIED.
2023-11-16
Motion for leave to file amicus brief filed by Professor Brandon L. Garrett and the Wilson Center for Science and Justice at Duke Law.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-10-25
Waiver of right of respondent United States of America to respond filed.
2023-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 20, 2023)
2023-09-07
Application (23A222) granted by The Chief Justice extending the time to file until October 18, 2023.
2023-09-01
Application (23A222) to extend the time to file a petition for a writ of certiorari from September 18, 2023 to October 18, 2023, submitted to The Chief Justice.

Attorneys

Jong Kim
Michelle Ann LiguoriEllis & Winters LLP, Petitioner
Michelle Ann LiguoriEllis & Winters LLP, Petitioner
Professor Brandon L. Garrett and the Wilson Center for Science and Justice at Duke Law
Matthew Nis LeerbergFox Rothschild LLP, Amicus
Matthew Nis LeerbergFox Rothschild LLP, Amicus
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent