No. 24-6852

Eric William Diaz v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2025-03-26
Status: Denied
Type: IFP
IFP
Tags: double-jeopardy legal-counsel plea-negotiation sentencing sexual-offense sixth-amendment
Latest Conference: 2025-05-22
Question Presented (from Petition)

1. - Whether the Pennsylvania State Courts violated the Double Jeopardy Clause
of the Fifth Amendment by sentencing the Petitioner in accordance with a guilty
plea that was based upon the waiver of the mandatory minimum sentencing
was not even susceptible provision of 42 Pa.C.S. § 9718.2 when the Petitioner
to being sentenced to said provision due to how the corresponding terms of
incarceration for his first and second sexual offense convictions were not
sequential and/or separated by an intervening opportunity to reform?
- Suggested Answer: Yes.

2. - Whether the Pennsylvania State Courts violated the Petitioner's Sixth
Amendment Rights to be represented by conflict-free legal counsel during the
conflicts of interest between plea negotiation stage(s) when there were proven
that of the Petitioner and his Plea Counsel(s) that were brought forth to the State
Trial Court's attention on multiple occasions?
- Suggested Answer: Yes.

Question Presented (AI Summary)

Whether the Pennsylvania State Courts violated the Double Jeopardy Clause and Sixth Amendment Rights during sentencing and plea negotiations involving sexual offense convictions

Docket Entries

2025-05-27
Petition DENIED.
2025-05-07
DISTRIBUTED for Conference of 5/22/2025.
2025-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2025)

Attorneys

Eric W. Diaz
Eric William Diaz — Petitioner