No. 23-6621

Adrian Ayala-Garcia, et al. v. United States

Lower Court: Tenth Circuit
Docketed: 2024-01-30
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: attorney-client-communications collateral-attack guilty-plea pre-plea-claims prosecutorial-misconduct sentencing tollett-preclusion tollett-v-henderson
Key Terms:
HabeasCorpus
Latest Conference: 2024-05-09
Question Presented (AI Summary)

Does Tollett v. Henderson preclude a defendant from collaterally attacking a conviction based on grounds other than ineffective assistance of counsel that renders the plea invalid?

Question Presented (OCR Extract)

QUESTIONS PRESENTED This is a joint petition that raises the identical questions presented in Spaeth v. United States, Supreme Court No. 23-6250 (petition filed Dec. 9, 2023; response requested and currently due February 8, 2024). Those questions are: I. Does Tollett v. Henderson, 411 U.S. 258 (1973), preclude the government and a defendant from conditioning a guilty plea on the defendant’s right to collaterally attack the conviction on grounds other than ineffective assistance of counsel that renders the plea invalid? II. If not, when a defendant conditions a guilty plea on the right to collaterally attack the conviction via “any subsequent claims with regards to ... prosecutorial misconduct,” does this language only authorize collateral attacks based on post-plea prosecutorial misconduct? III. When a defendant pleads guilty, does Tollett preclude the defendant from collaterally attacking the sentence because of surreptitious prosecutorial misconduct into confidential attorney-client communications that predated the guilty plea?! 1 This third question is also pending in Danille Morris v. United States, Supreme Court No. 23-6230 (response requested and due February 12, 2024). i

Docket Entries

2024-05-13
Petition DENIED.
2024-04-18
DISTRIBUTED for Conference of 5/9/2024.
2024-04-01
Brief of respondent United States in opposition filed.
2024-02-22
Motion to extend the time to file a response is granted and the time is extended to and including April 1, 2024.
2024-02-21
Motion to extend the time to file a response from February 29, 2024 to April 1, 2024, submitted to The Clerk.
2024-01-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 29, 2024)

Attorneys

Adrian Ayala-Garcia, et al.
Daniel Tyler HansmeierKansas Federal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent