No. 24-6635

Jory Leedy v. United States

Lower Court: Sixth Circuit
Docketed: 2025-02-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability circuit-split due-process habeas-corpus plea-voluntariness speedy-trial-clause
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-03-21
Question Presented (AI Summary)

Whether the Sixth Circuit's per se rule in Ramos v. Rogers violates Blackledge v. Allison's prohibition on foreclosing challenges to plea voluntariness, and whether the Certificate of Appealability process impermissibly risks pro forma denials without substantive review

Question Presented (OCR Extract)

1) Does the Sixth Circuit's holding in Ramos v. Rogers, 170 F.3d 560 (6th Cir.1999) making a plea unasailable "so long as the judge follows the proper Rule 11 colloquy" violate Blackledge v. Allison, 431 US 63 (1977)'s prohibition on per se rules foreclosing any opportunity to show that a plea is involuntary? 2) As currently utilized, does the Certificate of Appealability process impermissibly raise the risk of "pro forma" or "rubber stamp" denials without any real review of the claims raised in the petition? 3) Given the nature of the Speedy Trial Clause, can a judge ever use a prior denial in denying a defendant's reassertion of that right? does significant delay, especially in a term of years, undermine the force of that prior decision?If so 4) Where a District Court misses all or part of a claim(s) presented in a §2255 motion should a Court of Appeals grant the Certificate or issue summary remand, as the Eleventh Circuit does to ensure a petitioner gets the full and fair review of every claim that Congress intended? i.

Docket Entries

2025-03-24
Petition DENIED.
2025-03-06
DISTRIBUTED for Conference of 3/21/2025.
2025-03-03
Waiver of United States of right to respond submitted.
2025-03-03
Waiver of right of respondent United States to respond filed.
2025-01-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2025)

Attorneys

Jory Leedy
Jory Leedy — Petitioner
Jory Leedy — Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent