No. 24-5236

Francisco German Alvarez v. United States

Lower Court: Ninth Circuit
Docketed: 2024-08-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: boykin-v-alabama competence-to-stand-trial constitutional-rights due-process guilty-plea united-states-v-ruiz voluntariness waiver
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

In determining the voluntariness of a guilty plea, did the Ninth Circuit improperly apply the competence-to-stand-trial standard instead of the Boykin/Ruiz voluntariness analysis?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW In Boykin v. Alabama, 395 U.S. 238, 242-43 (1969), this Court underscored the seriousness and gravity of a guilty plea where a defendant waives the Fifth Amendment right to the privilege against self-incrimination and the Sixth Amendment right to trial by jury. Later, in United States v. Ruiz, 536 U.S. 622, 629 (2002), this Court added: Given the seriousness of the matter, the Constitution insists, among other things, that the defendant enter a guilty plea that is "voluntary" and that the defendant must make related waivers "knowingly, intelligently, [and] with sufficient awareness of the relevant circumstances and likely consequences." Emphasis added. Therefore, the question presented by Alvarez regarding the voluntariness of his guilty plea is: In determining the questioned voluntariness of the guilty plea, did the Ninth Circuit impermissibly create confusion when it misapplied the lower standard for competence to stand trial instead of the more demanding Boykin/Ruiz voluntariness analysis to Alvarez’s guilty plea?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-15
DISTRIBUTED for Conference of 9/30/2024.
2024-08-09
Waiver of United States of right to respond submitted.
2024-08-09
Waiver of right of respondent United States to respond filed.
2024-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 5, 2024)

Attorneys

Francisco German Alvarez
Ezekiel E. CortezLaw Offices of Ezekiel E. Cortez, Petitioner
Ezekiel E. CortezLaw Offices of Ezekiel E. Cortez, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent