No. 23-7779

Nalerton Charles v. United States

Lower Court: Second Circuit
Docketed: 2024-06-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-rights congressional-intent constitutional-rights due-process judicial-review plea-bargaining prosecutorial-discretion public-policy
Key Terms:
Arbitration DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether the time has come for this Court to exercise supervision over the ever-expanding prosecutorial practice of requiring defendants to give up their right to appeal, as the price of a negotiated plea, while the government retains its own access to judicial review; and whether this practice is violative of defendants' due process rights, against public policy, contrary to congressional intent, and inconsistently applied

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the time has come for this Court to exercise supervision over the everexpanding prosecutorial practice of requiring defendants to give up their right to appeal, as the price of a negotiated plea, while the government retains its own access to judicial review; and whether this practice is violative of defendants’ due process rights, against public policy, contrary to congressional intent, and inconsistently applied. PARTIES BELOW The only parties in the court below were petitioner, Nalerton Charles, and the United States of America, as represented by the United States Attorney for the Eastern District of New York.

Docket Entries

2024-10-07
Petition DENIED.
2024-07-03
DISTRIBUTED for Conference of 9/30/2024.
2024-06-26
Waiver of United States of right to respond submitted.
2024-06-26
Waiver of right of respondent United States to respond filed.
2024-06-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2024)

Attorneys

Nalerton Charles
Marsha R. TaubenhausLaw Offices of Marsha R. Taubenhaus, Petitioner
United States
Elizabeth B. Prelogar — Respondent