No. 25-6794

Robert Emert v. Andrea Schuck, et al.

Lower Court: Ninth Circuit
Docketed: 2026-02-11
Status: Pending
Type: IFP
IFP
Tags: due-process ineffective-assistance plea-breach prosecutorial-misconduct santobello-precedent section-1983
Key Terms:
SocialSecurity
Latest Conference: N/A
Question Presented (AI Summary)

Whether a court of appeals may dismiss as 'frivolous' a § 1983 plea-breach claim supported by recorded evidence and governed by Santobello v. New York

Question Presented (OCR Extract)

Whether a court of appeals may dismiss as "frivolous" a § 1983 plea-breach claim supported by recorded evidence and governed by Santobello v. New York, where: (a) Petitioner presented recorded admissions from his own defense counsel confirming that the prosecutor knew the guilty plea was induced by custody promises, that those promises were never reduced to writing, and that the breach constituted grounds for a "viable motion to withdraw [the] plea" (see

Docket Entries

2026-02-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 13, 2026)

Attorneys

Robert Emert
Robert Emert — Petitioner
Robert Emert — Petitioner