No. 23-692

Zachariah Minix v. Kentucky

Lower Court: Kentucky
Docketed: 2023-12-27
Status: Denied
Type: Paid
Response Waived
Tags: abuse-of-discretion criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment parole-eligibility plea-agreement plea-withdrawal
Key Terms:
DueProcess FifthAmendment Punishment Immigration JusticiabilityDoctri
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Were the Petitioner's federal due-process rights violated when the Adair County Circuit Court denied the Petitioner's request to withdraw his plea of guilty and proceed to trial?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner, Zachariah M. Minix (Minix), appeals as a matter of right from an Adair County Circuit Court Judgment and Sentence on Plea of Guilty that imposed an aggregate sentence of twentyfive (25) years for the offenses of Kidnapping — Minor, unlawful Transaction with a Minor in the Second Degree, Rape in the Second Degree, Possess/View Matter Portraying Sexual Performance by Minor, and Possession of Marijuana. The trial court’s entry of Judgment followed its denial of Minix’s Motion to Withdraw his pleas of guilty and denying him a hearing on the Motion, which Minix contends was a violation of his Due Process Rights and abuse of the trial court’s discretion under Kentucky Rule of Criminal Procedure (“RCr”) 8.10. I. Were the Petitioner’s federal due process rights under the Fifth Amendment of the United States Constitution, as made applicable to the States by the Fourteenth Amendment to the United States Constitution, violated when the Petitioner’s request to withdraw his plea of guilty and proceed to trial was denied by the Adair County Circuit Court and affirmed by the Supreme Court of Kentucky? II. Were the Petitioner’s federal due process rights under the Fifth Amendment of the United States Constitution, as applied to the States via the ii Fourteenth Amendment of the United States Constitution, violated when the Adair County Circuit Court and Supreme Court of Kentucky abused its discretion, and refused to permit Zachariah Minix to have a hearing on his motion to withdraw plea? III. Were the Petitioner’s right against cruel and unusual punishment under the Eighth Amendment of the United States Constitution violated due to the confinement conditions of the Adair County jail? ili

Docket Entries

2024-02-20
Petition DENIED.
2024-01-31
DISTRIBUTED for Conference of 2/16/2024.
2024-01-26
Waiver of right of respondent Kentucky to respond filed.
2023-12-21
Petition for a writ of certiorari filed. (Response due January 26, 2024)

Attorneys

Kentucky
Matthew Robert KrygielKentucky Office of the Attorney General, Respondent
Matthew Robert KrygielKentucky Office of the Attorney General, Respondent
Zachariah Minix
Scott Alan LanzonThe Lanzon Firm, Petitioner
Scott Alan LanzonThe Lanzon Firm, Petitioner