Guilty-Plea

358 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-936 Nadarius Barnes v. United States Tenth Circuit 2026-02-06 Pending appeal-waiver circuit-split criminal-procedure guilty-plea legal-challenge unconditional-plea Whether, by entering a guilty plea, a defendant waives his right to appeal his conviction on the basis that the conduct admitted does not constitute t…
25-6710 Jose Ramon Castillo-Lopez v. United States Fifth Circuit 2026-02-04 Pending IFP appellate-waiver federal-sentencing fifth-circuit guilty-plea plea-agreement withdrawal-of-plea 1. Based on his plea agreement's boilerplate waiver of most appellate rights, the Fifth Circuit dismissed Petitioner's challenge to his federal senten…
25-6634 Joseph D. Reaves v. Pennsylvania Pennsylvania 2026-01-21 Pending Response WaivedIFP due-process fourteenth-amendment guilty-plea newly-discovered-evidence pcra-petition psychiatric-medical-history 1. Does the Due Process Clause of the Constitution's Fourteenth Amendment entitle an Petitioner in a PCRA Petition, Notice of Appeal and Allowance of …
25-6627 Gerald Blaise II v. United States Ninth Circuit 2026-01-20 Pending IFP appellate-waiver civil-rights-restoration felony-possession firearm-statute guilty-plea mens-rea 1. Whether a defendant previously convicted of a felony offense violates 18 U.S.C. §§ 922(g)(1) & 924(a)(2) when, at the time that he possesses a fire…
25-6431 Edin Anael Solis-Rodriguez v. United States Fourth Circuit 2025-12-23 Pending Response WaivedIFP appellate-review criminal-procedure guilty-plea plain-error-standard rule-11 sentencing Does a defendant's failure to object to a Rule 11(b)(1)(H)-(I) error count against him twice, not only by subjecting him to the rigorous plain-error s…
25-6336 Joshua J. Lewandowski v. Jefferey Perkins, Superintendent, Coyote Ridge Corrections Center Ninth Circuit 2025-12-11 Pending Response WaivedIFP constitutional-rights effective-assistance-counsel fetal-alcohol-syndrome guilty-plea mental-disability sixth-amendment A. Does the Sixth Amendment to the United State Constitution require Defense Counsel to ensure A mentally disabled defendants guilty plea tod of Congr…
25A610 Keegan L. Lovell v. United States Armed Forces 2025-11-24 Application child-pornography court-martial due-process guilty-plea military-justice uniform-code-of-military-justice Whether a military trial judge's failure to fully explore a defendant's understanding of the elements of a guilty plea constitutes a due process viola…
25-6180 David Craig Milam v. United States Fourth Circuit 2025-11-20 Denied Response WaivedIFP criminal-procedure district-court guilty-plea judicial-discretion plea-withdrawal sentencing Whether the district court erred by denying Petitioner's motion to withdraw his guilty plea.
25A591 Nadarius Barnes v. United States Tenth Circuit 2025-11-19 Application appellate-rights circuit-split criminal-procedure guilty-plea plea-agreement waiver Whether a defendant who enters an unconditional guilty plea waives the right to challenge on appeal that the admitted facts do not constitute the char…
25-6167 Amir Golestan v. United States Fourth Circuit 2025-11-19 Denied Response WaivedIFP denaturalization guilty-plea immigration-consequences rule-11 substantial-rights wire-fraud Whether the failure to give the Rule 11(b)(1)(O) warning affects the substantial rights of a naturalized United States citizen who could be denaturali…
25-6142 John Elwood Tyrone Martin v. United States Fourth Circuit 2025-11-17 Pending IFP appeal-waiver criminal-procedure district-court guilty-plea mandate-rule sentencing-error I. If a court of appeals recognizes a sentencing error and remands for resentencing, does the mandate rule bar the district court from considering a d…
25-6090 Derrick Lorenzo Casey v. United States Fourth Circuit 2025-11-12 Denied Response WaivedIFP armed-career-criminal charging-error fifth-amendment guilty-plea harmless-error structural-error I. Whether the failure to indict a defendant with the elements of an aggravated offense in violation of the Fifth Amendment is structural error. II. …
25-5998 Shadon Demetric Edwards v. United States Eleventh Circuit 2025-10-30 Denied Response WaivedIFP firearms-offense guilty-plea harmless-error plain-error statutory-interpretation structural-error Whether errors under Erlinger v. United States, 602 U.S. 821 (2024) are structural errors, or whether they are subject to harmless or plain error revi…
25-5806 Ricky Dixon v. United States Eleventh Circuit 2025-10-06 Denied Response WaivedIFP abuse-of-discretion actual-innocence evidentiary-hearing guilty-plea ineffective-assistance sixth-amendment Whether the district court abused its discretion and the Eleventh Circuit affirmance of the lower court's failure to conduct an Evidentiary Hearing as…
25A390 John Elwood Tyrone Martin v. United States Fourth Circuit 2025-10-03 Presumed Complete appellate-review guilty-plea ineffective-counsel mandate-rule resentencing withdrawal Whether the mandate rule permits federal appellate courts to review motions to withdraw guilty pleas filed after a case is remanded for resentencing
25A379 Edin Anael Solis-Rodriguez v. United States Fourth Circuit 2025-10-02 Presumed Complete circuit-split guilty-plea plain-error plea-colloquy rule-11 substantial-rights Whether courts may consider a defendant's failure to object to a Rule 11 plea colloquy error when determining if that error affected the defendant's s…
25A364 Jwan L. Hardin v. Indiana Indiana 2025-09-29 Presumed Complete attorney-client constitutional-rights due-process guilty-plea ineffective-assistance sixth-amendment Whether an attorney's withholding of trial strategy information from a client violates the Fifth, Sixth, and Fourteenth Amendments by rendering a guil…
25-5608 Gary Jordan v. United States Tenth Circuit 2025-09-11 Pending Response RequestedResponse WaivedRelisted (2)IFP collateral-review government-misconduct guilty-plea ineffective-assistance sixth-amendment structural-error Can a defendant collaterally attack his guilty plea via 28 U.S.C. § 2255 as unconstitutional based on surreptitious pre-plea government misconduct wit…
25-5589 Shane Stevens v. Colorado Colorado 2025-09-10 Denied Response WaivedIFP due-process fourteenth-amendment guilty-plea mootness postconviction-relief procedural-default Whether a state postconviction scheme that bars relief for a guilty plea induced by a sentence later declared void ab initio violates the Due Process …
25-5362 Nathaniel Blancher v. United States Eleventh Circuit 2025-08-14 Denied Response WaivedIFP constitutional-rights criminal-procedure evidentiary-hearing guilty-plea ineffective-assistance plea-agreement Whether a guilty plea becomes knowing, intelligent, and voluntary when the plea agreement inaccurately describes the penalty provision of the statute …
25-5227 Derrick Kellen Mitchell v. United States Sixth Circuit 2025-07-29 Denied Response WaivedIFP criminal-procedure district-court due-process guilty-plea plea-understanding sixth-circuit Should the Court grant certiorari to consider if the Sixth Circuit has improperly deviated from this Court's requirement, grounded in the Due Process …
25-5179 Gerald Lynn Campbell v. United States Sixth Circuit 2025-07-23 Denied Response WaivedIFP armed-career-criminal-act erlinger-error guilty-plea harmless-error-review sentencing-enhancement sixth-amendment Does the unique ACCA occasions-different inquiry render Erlinger error structural, and what is the proper harmless-error review test for a guilty plea…
24-7520 Salvador Nolasco Romero v. United States Tenth Circuit 2025-06-27 Denied Response WaivedIFP circuit-split criminal-procedure district-court guilty-plea judicial-discretion legal-error Does the district court commit legal error in rejecting a guilty plea based on a legally inadequate defense, or can the district court reject it in an…
24A1216 Kelechi Collins Umeh v. United States First Circuit 2025-06-10 Presumed Complete bank-fraud criminal-procedure guilty-plea jury-trial plea-colloquy structural-error Whether the failure to inform a defendant of his right to a jury trial during a guilty plea colloquy constitutes structural error requiring automatic …
24-7355 Curtis Dewayne Miller v. United States Sixth Circuit 2025-06-04 Denied Response WaivedIFP bashara-factors circuit-split counsel-pressure guilty-plea judicial-discretion pre-sentencing-motion Should a district court grant a pre-sentencing motion to withdraw a guilty plea if that plea was made after an initial trial that ended with a hung ju…
24-7231 Christian Leonardo Franco Posligua v. United States Fifth Circuit 2025-05-16 Denied Response WaivedIFP criminal-procedure drug-enforcement extraterritorial-statute guilty-plea maritime-law subject-matter-jurisdiction For purposes of the Maritime Drug Law Enforcement Act (MDLEA), does a district court have authority to make its 'preliminary' determination of 'jurisd…
24-7132 Donovan Jacob Farr v. Texas Texas 2025-05-05 Denied Response WaivedIFP constitutional-validity criminal-procedure due-process effective-assistance-of-counsel guilty-plea plea-agreement Did the state court disregard this Court's precedent by upholding the constitutional validity of a guilty plea despite recognizing that undisputed fac…
24-7107 Brandon A. Dunkleberger v. Illinois Illinois 2025-05-01 Denied Response WaivedIFP criminal-procedure due-process essential-elements guilty-plea judicial-precedent plea-validity Is Illinois bound by this Court's rule that a guilty plea is not valid when the defendant is not informed of the essential elements of the crime?
24-6992 Mehdi Nikparvar-Fard v. United States Third Circuit 2025-04-15 Denied Response WaivedIFP due-process evidence-admissibility fifth-amendment guilty-plea legal-counsel motion-to-withdraw Whether the district judge's decision to deny the defendant's motion to withdraw his guilty plea violated the defendant's Fifth Amendment right to due…
24-6562 Derek Jones v. United States Second Circuit 2025-02-13 Denied Response WaivedIFP appellate-review circuit-split due-process factual-basis guilty-plea sentencing-guidelines Whether an unconditional guilty plea admits surplus factual allegations not essential to proving an offense element, and what standard of appellate re…
24-6550 Paul A. Brown v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2025-02-12 Rehearing Relisted (2)IFP constitutional-rights due-process guilty-plea habeas-corpus ineffective-assistance strickland-standard Whether the Third Circuit misapplied Strickland and Slack standards in denying Brown's ineffective assistance of counsel claim when substantial eviden…
24-6495 Billy Joe Taylor v. United States Eighth Circuit 2025-02-06 Denied Response WaivedIFP circuit-split constitutional-rights counsel-of-choice guilty-plea sixth-amendment structural-error Whether a defendant who is erroneously denied his Counsel of Choice in Violation of the Sixth Amendment, which is structural error, waives his right t…
24-6345 Mark Jones v. United States Ninth Circuit 2025-01-21 Denied Response WaivedIFP civil-violation criminal-statute guilty-plea immigration-law ninth-circuit statutory-interpretation Whether 'in violation of law' in 8 U.S.C. § 1324(a)(1)(A)(ii) is limited to criminal immigration violations and does not include civil immigration vio…
24-6328 Donald East v. Marty Jackley, Attorney General of South Dakota, et al. Eighth Circuit 2025-01-16 Denied IFP actual-innocence criminal-conviction exculpatory-evidence guilty-plea habeas-relief ineffective-assistance Whether a factual basis supporting a criminal conviction can be verifiably false and still result in a valid conviction; whether an attorney accepting…
24-6261 Thaddeus J. Culpepper v. United States Ninth Circuit 2025-01-10 Denied Response WaivedIFP appellate-waiver constitutional-rights guilty-plea plea-agreement pretrial-detention voluntariness Does an appellate waiver in a plea agreement, that specifically excepts challenges to the voluntariness of a guilty plea, bar the appellate argument t…
24-6181 Richard Grier v. United States Fourth Circuit 2024-12-20 Denied Response WaivedIFP case-dismissal court-discretion discovery-motion guilty-plea judicial-review sentencing-error Did the lower court abuse its discretion when it denied petitioner's motion to receive discovery files and dismissed the case in December 2022 despite…
24-6106 In Re Freeman William Stanton 2024-12-10 Denied IFP concurrent-sentences guilty-plea ineffective-counsel mental-disability plea-agreement resentencing Whether the petitioner is entitled to resentencing based on ineffective counsel, plea agreement terms, and mental disability claims
24A483 Samuel Boima v. United States Second Circuit 2024-11-15 Presumed Complete appellate-review constitutional-challenge fourth-amendment guilty-plea search-and-seizure suppression-of-evidence Whether a federal district court's denial of a motion to suppress evidence obtained through an allegedly unconstitutional search can be reviewed on di…
24-5922 Christopher Gabriel Allen-Shinn v. United States Fifth Circuit 2024-11-06 Denied Response WaivedIFP constitutional-interpretation guilty-plea judicial-precedent procedural-standard seven-factor-test withdrawal Whether the seven-factor test for withdrawing a guilty plea complies with the Supreme Court's precedent in Kercheval v. United States
24-5595 David Tran v. United States Fifth Circuit 2024-09-20 Denied Response WaivedIFP criminal-procedure due-process guilty-plea plea-withdrawal voluntariness Whether a guilty plea entered without full knowledge and voluntariness can be withdrawn without further judicial inquiry
24-247 Kenneth Kelley v. William S. Bohrer, Warden, et al. Fourth Circuit 2024-09-04 Denied Response Waived criminal-procedure due-process guilty-plea habeas-corpus mens-rea vehicular-homicide Does this Court's clearly established precedent require an explanation and understanding of the elements of each charge to which a defendant pleads gu…
24-5404 Mani Panoam Deng v. United States Eighth Circuit 2024-08-27 Denied Response WaivedIFP constitutional-challenge drug-use firearm-prohibition guilty-plea menna-blackledge-doctrine second-amendment Whether a defendant retains the right to appeal an as-applied Second Amendment challenge after pleading guilty under the Menna-Blackledge doctrine, an…
24-5312 Genaro Medina-Luna v. United States Ninth Circuit 2024-08-13 Denied Response WaivedIFP appellate-argument criminal-procedure guilty-plea indictment-waiver jurisdictional-error plea-validity Is Petitioner's appellate argument that his waiver of Indictment was invalid a claim of jurisdictional error that is not waived by an unconditional gu…
24-5271 Claude P. Lacombe v. Brian Emig, Warden, et al. Third Circuit 2024-08-08 Denied Response WaivedIFP guilty-plea habeas-relief ineffective-assistance plea-bargaining sentencing strickland-prejudice Whether a petitioner seeking habeas relief from a sentence imposed by a guilty plea can establish Strickland prejudice by showing that but for counsel…
24-5282 Darrell Gunn v. New York New York 2024-08-08 Denied IFP appellate-review criminal-procedure guilty-plea ineffective-assistance plea-withdrawal sentencing Whether appellant counsel provided ineffective assistance by failing to pursue a potentially meritorious pre-sentencing guilty plea withdrawal
24-5285 Ernesto Alba Vasquez v. United States Fifth Circuit 2024-08-08 Denied Response WaivedIFP criminal-procedure factual-basis guilty-plea judicial-discretion plea-acceptance presentence-report Whether a factual basis lacking elements of the charged offense can be cured by a presentence report filed after a guilty plea acceptance
24-5266 Darrell Gunn v. New York New York 2024-08-07 Denied IFP capital-punishment constitutional-rights due-process guilty-plea ineffective-assistance mental-illness Whether capital defense counsel's failure to present mitigating evidence of mental illness constitutes ineffective assistance of counsel and violates …
24-5236 Francisco German Alvarez v. United States Ninth Circuit 2024-08-06 Denied Response WaivedIFP boykin-v-alabama competence-to-stand-trial constitutional-rights due-process guilty-plea united-states-v-ruiz voluntariness waiver In determining the voluntariness of a guilty plea, did the Ninth Circuit improperly apply the competence-to-stand-trial standard instead of the Boykin…
24A37 Hussein Kadhim Abood Khalaf v. United States Eighth Circuit 2024-07-12 Presumed Complete deportation-risk guilty-plea immigration-consequences ineffective-assistance padilla-standard plea-withdrawal Whether ineffective assistance of counsel during plea negotiations that misrepresent potential immigration consequences constitutes grounds for withdr…
24-5029 Jurgen Marku v. Florida Florida 2024-07-09 Denied Response WaivedIFP Bruton-v-United-States Codefendant confrontation-clause criminal-prosecution Cross-Examination Due-Process felony-murder fourteenth-amendment Guilty-Plea sixth-amendment Whether it is a violation of a criminal defendant's Confrontation-Clause
23-7752 Mark Edmond Brown, Jr. v. United States Sixth Circuit 2024-06-18 Denied Response WaivedIFP appeal-waiver coram-nobis due-process guilty-plea miscarriage-of-justice sentence sentencing-rights sixth-circuit Whether a defendant's appeal waiver bars the filing of a coram nobis petition following full service of his sentence
23-7683 Keon Lamont Lee v. United States Sixth Circuit 2024-06-11 Denied Response WaivedIFP appellate-rights circuit-split criminal-procedure due-process guilty-plea guilty-plea-withdrawal plea-bargaining plea-withdrawal sentencing sixth-circuit Should a district court grant a pre-sentencing motion to withdraw a guilty plea if that plea was made without full knowledge of its consequences?
23-1278 Tsai-Fen Lee v. Washington Washington 2024-06-06 Denied Response Waived appellate-review constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance personal-restraint plea-bargaining right-to-counsel voluntariness-of-plea Whether the trial court erred in accepting defendant's guilty plea when the plea was equivocal
23-7640 Devin Fischer v. North Dakota North Dakota 2024-06-05 Denied IFP abuse-of-discretion constitutional-rights criminal-procedure double-jeopardy due-process due-process-clause fair-trial guilty-plea judicial-discretion legal-standards Is a defendant denied due process when the court ignores legal standards and relies solely on their discretion?
23-7035 Anderson Garcia v. United States Second Circuit 2024-03-20 Denied Response WaivedIFP appeal-waiver circuit-split criminal-procedure dominguez-benitez due-process guilty-plea plea-agreement plea-bargaining sentencing Whether a defendant who pleads guilty and appeals his sentence, challenging his appeal waiver as unknowing, must show both that the waiver was unknowi…
23-1022 Nancy Martin v. United States Tenth Circuit 2024-03-18 Denied Amici (1) appeal-waiver circuit-split criminal-procedure due-process factual-basis guilty-plea plea-agreement plea-bargaining Whether a plea agreement's appeal waiver can bar a defendant from pursuing a claim that the plea rested on an inadequate factual basis
23-6980 Matthew Murphy v. United States First Circuit 2024-03-15 Denied Response WaivedIFP bias constitutional-rights fourteenth-amendment guilty-plea prosecutorial-bias recusal sixth-amendment structural-error whether-this-court-should-grant-this-petition
23-6883 Shawn David McMinn v. Oklahoma Oklahoma 2024-03-01 Denied IFP certiorari constitutional-rights due-process federal-jurisdiction guilty-plea indian-law judicial-review post-conviction preemption supreme-court Whether Oklahoma violated its own law in an effort to deny a Petitioner his right to due process of law pertinent to the post-conviction proceedings
23-6836 Ruixue Shi, aka Serena Shi v. United States Ninth Circuit 2024-02-27 Denied Response WaivedIFP criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining right-to-counsel trial-preparation voluntariness Whether Petitioner's guilty plea was involuntary because she decided to plead guilty based upon her attorney's advice that it was in her interest to d…
23-6823 Troy Raynard Alexander v. United States Fourth Circuit 2024-02-26 Denied Response WaivedRelisted (2)IFP certificate-of-appealability constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea rehaif-standard rehaif-v-united-states sixth-amendment Whether the lower court abused their discretion by denying a COA
23-6774 Tremayne Silas v. United States Eighth Circuit 2024-02-16 Denied Response WaivedIFP ambiguity appeal-waiver circuit-court criminal-appeal guilty-plea involuntary involuntary-plea legal-ambiguity summary-reversal Whether this Court should summarily reverse the Eighth Circuit's dismissal of Silas's appeal when the appeal waiver is ambiguous as to whether it appl…
23-888 Alfredo Felipe Rasco v. United States Eleventh Circuit 2024-02-16 Denied Response Waived certificate-of-appealability criminal-procedure deportation-consequences guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel padilla-precedent padilla-v-kentucky rule-11 rule-11-violation Whether the Eleventh Circuit's decision to deny my C.O.A. and the district court's denial of my motion to withdraw my guilty plea contravenes this Cou…
23-6724 Terrence Michael Taylor, aka Terrance Michael Taylor v. United States Tenth Circuit 2024-02-12 Denied IFP 18-usc-922g appellate-review circuit-split constitutional-claim double-jeopardy firearm-possession guilty-plea plea-colloquy statutory-interpretation unit-of-prosecution Does a defendant's guilty plea to an indictment charging multiple violations of 18 U.S.C. § 922(g), unlawful firearm possession, waive his Double Jeop…
23-6727 Daniel J. Erb v. John Rivello, Superintendent, State Correctional Institution at Huntingdon, et al. Third Circuit 2024-02-12 Denied Response WaivedIFP criminal-procedure due-process federal-law guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default prosecutorial-misconduct Whether the lower courts' decisions were contrary to or involved an unreasonable application of clearly established federal law and an unreasonable de…
23-6621 Adrian Ayala-Garcia, et al. v. United States Tenth Circuit 2024-01-30 Denied IFP attorney-client-communications collateral-attack guilty-plea pre-plea-claims prosecutorial-misconduct sentencing tollett-preclusion tollett-v-henderson Does Tollett v. Henderson preclude a defendant from collaterally attacking a conviction based on grounds other than ineffective assistance of counsel …
23-6422 Raymond J. Kraynak v. United States Third Circuit 2024-01-05 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process fair-and-just-reason guilty-plea judicial-review plea-bargaining plea-withdrawal sentencing trial-court-discretion withdrawal-of-plea Whether Petitioner has sufficiently shown a fair and just reason for requesting withdrawal of his guilty plea such that the trial court shall grant hi…
23-6381 Roy Jackson v. Louisiana Louisiana 2023-12-28 Denied IFP antiterrorism-and-effective-death-penalty-act civil-rights constitutional-violation due-process exculpatory-evidence extraordinary-circumstances guilty-plea habeas-corpus ineffective-assistance right-to-counsel standing Whether the district court erred in dismissing petitioner's habeas corpus petition as untimely under the Antiterrorism and Effective Death Penalty Act…
23-6392 Phillip Watkins v. United States Sixth Circuit 2023-12-28 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment Whether the Sixth Circuit abused its discretion by affirming the district court's failure to conduct an Evidentiary Hearing regarding the fact his Gui…
23A591 Jeffri Dávila-Reyes v. United States First Circuit 2023-12-27 Presumed Complete article-ii circuit-split constitutional-error guilty-plea maritime-drug-law subject-matter-jurisdiction Whether the Maritime Drug Law Enforcement Act (MDLEA) establishes a jurisdictional limitation that cannot be waived by an unconditional guilty plea an…
23-6230 Danille Morris v. United States Tenth Circuit 2023-12-12 Denied Response RequestedResponse WaivedRelisted (2)IFP attorney-client-confidentiality attorney-client-privilege guilty-plea habeas-corpus habeas-relief plea-bargaining prosecutorial-misconduct sixth-amendment tollett-interpretation tollett-v-henderson Does Tollett v. Henderson preclude collateral attack on a sentence due to pre-plea prosecutorial misconduct involving confidential attorney-client com…
23-618 Delano Marco Medina v. Colorado Colorado 2023-12-08 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) burden-of-proof constitutional-law criminal-conviction criminal-procedure defendant-rights due-process guilty-plea judicial-procedure judicial-review legal-standard whether-it-is-consistent-with-due-process-to-convict-a-criminal-defendant-without-finding-the-defendant-is-guilty
23-6187 Jamar Green v. United States Fourth Circuit 2023-12-07 Rehearing Response RequestedResponse WaivedRelisted (3)IFP appellate-review constitutional-validity criminal-procedure due-process federal-criminal-procedure guilty-plea plea-bargaining pro-se-representation right-to-counsel sentencing waiver-of-counsel waiver-of-rights Whether an uncounseled felony guilty plea is Constitutionally valid
23-6194 Christopher Andrew Canales v. Nathan Hoffman, Acting Warden Sixth Circuit 2023-12-07 Denied IFP constitutional-rights criminal-procedure discovery-rights due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-discovery voluntariness-of-plea Whether petitioner should be entitled to full discovery (inculpatory and exculpatory) during the plea bargaining process
23-6099 Carlos Noe Gallegos v. Texas Texas 2023-11-22 Denied IFP circuit-split citizenship-denaturalization denaturalization guilty-plea habeas-corpus immigration-consequences ineffective-assistance ineffective-assistance-of-counsel naturalized-citizenship padilla-standard padilla-v-kentucky prejudice-standard Whether Padilla v. Kentucky applies to denaturalization consequences of a guilty plea
23-5857 Jeremy Moody v. Georgia Georgia 2023-10-23 Denied Relisted (2)IFP autonomy-rights constitutional-rights criminal-procedure defense-strategy due-process faretta-v-california guilty-plea mccoy-v-louisiana right-to-control-defense right-to-self-representation self-representation trial-court-discretion Whether a guilty plea waives claims that the trial court violated a defendant's autonomy-based rights
23-5858 Anthony Schneider v. United States Ninth Circuit 2023-10-23 Denied Response WaivedIFP appellate-review appellate-waiver circuit-split criminal-procedure guilty-plea jurisdictional-challenge jurisdictional-challenges plea-bargaining supreme-court-precedent united-states-v-goodall united-states-v-taylor Whether a guilty plea that includes an appellate waiver bars jurisdictional challenges on appeal
23-5732 Wayne Harris v. Sergeant Stash, et al. Third Circuit 2023-10-10 Denied IFP civil-rights constitutional-rights deportation due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel malicious-prosecution racial-discrimination wrongful-conviction Whether the petitioner's conviction should be vacated due to ineffective assistance of counsel, leading to a violation of his constitutional rights, a…
23-5734 Lawrence Flack v. United States Sixth Circuit 2023-10-10 Denied Response WaivedIFP appellate-waivers constitutional-rights double-jeopardy guilty-plea ineffective-assistance ineffective-counsel plain-error plea-agreement Whether Appellant counsel's Anders brief was inadequate where evidence exists that Appellant's Constitutional rights were violated, including double j…
23A314 Matthew C. Spaeth v. United States Tenth Circuit 2023-10-10 Presumed Complete attorney-client-communications collateral-review guilty-plea prosecutorial-misconduct section-2255-motion tollett-v-henderson Whether a defendant who entered a guilty plea may challenge his conviction on direct appeal or collateral review based on claims of prosecutorial misc…
23A259 Faisal Ashraf, aka Sal v. United States Ninth Circuit 2023-09-21 Presumed Complete appeal-waiver cfaa-authorization computer-fraud-and-abuse-act guilty-plea sufficiency-of-factual-basis van-buren Whether an appellate court may enforce an appeal waiver in a plea agreement to preclude review of a challenge to the sufficiency of the factual basis …
23A222 Jong Whan Kim v. United States Fourth Circuit 2023-09-07 Presumed Complete criminal-procedure guilty-plea mens-rea nature-of-charges ruan-v-united-states rule-11-colloquy Whether a district court satisfies Federal Rule of Criminal Procedure 11(b)(1)(G)'s requirement to inform a defendant of the nature of the charges by …
23-5445 William Bazemore v. United States Second Circuit 2023-08-25 Denied Response WaivedIFP abuse-of-discretion crime-of-violence criminal-procedure district-court factual-findings guilty-plea section-1591 sex-trafficking voluntariness withdrawal Whether the district court abused its discretion when it denied defendant's motion to withdraw his guilty plea and failed to make factual findings nec…
23-5312 In Re Brian D. Smith 2023-08-09 Denied IFP constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-recusal plea-bargaining right-to-appeal Is Smith's plea of guilty invalid?
23-5205 Steven Lesane v. United States Second Circuit 2023-07-26 Denied Response WaivedIFP abuse-of-discretion criminal-procedure district-court factual-basis guilty-plea ineffective-assistance ineffective-counsel mental-competency motion-to-withdraw plea-bargaining statutory-interpretation Whether the District Court abused its discretion in denying appellant's motion to withdraw guilty plea
23-5195 Cynthia Kaye Wood v. Texas Texas 2023-07-25 Denied IFP constitutional-rights criminal-intent criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance mens-rea specific-intent voluntary-plea Was the defendant's guilty plea voluntary when she did not know the mens rea for the charged offense?
23-5102 Taiwo K. Onamuti v. United States Seventh Circuit 2023-07-14 Denied Response WaivedIFP 18-usc-1028a 18-usc-287 aggravated-identity-theft counsel-advice criminal-procedure guilty-plea ineffective-assistance-of-counsel plea-bargaining plenary-resentencing sentencing-enhancement statutory-interpretation Can an original guilty plea be completely knowing and voluntary?
23-5059 Savon Hardaway v. United States Fourth Circuit 2023-07-07 Denied Response WaivedIFP career-offender criminal-procedure felon-in-possession guilty-plea harmless-error mens-rea plea-agreement rehaif-advisement rehaif-v-united-states sentencing-error Whether Mr. Hardaway made a sufficient showing that if he had been properly advised, there is a reasonable probability that he would not have pleaded …
23-5016 Jonathan Limbrick v. United States Fifth Circuit 2023-07-03 Denied Response WaivedIFP abuse-of-discretion courts-of-appeals criminal-procedure fair-and-just-reason fifth-circuit guilty-plea kercheval-v-united-states plea-withdrawal rule-11 Did the Fifth Circuit err in finding no abuse of discretion in denying motion to withdraw guilty plea?
22-7822 Darwin Powell v. United States Fifth Circuit 2023-06-21 Denied Response WaivedIFP appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 sentencing standard-of-review withdrawal withdrawal-of-guilty-plea Whether the courts of appeals have improperly narrowed the 'fair and just reason' standard for evaluating a defendant's request to withdraw a guilty p…
22-7697 Kenneth Brown, Jr. v. Pennsylvania, et al. Pennsylvania 2023-06-02 Denied Response RequestedRelisted (2)IFP act-84 civil-rights constitutional-challenge constitutional-law criminal-procedure due-process guilty-plea sentencing separation-of-powers statutory-interpretation void-ab-initio Whether Act 84, 42 Pa.C.S. § 9728(b)(5) is Unconstitutional
22-7605 Sealed Appellant v. United States Ninth Circuit 2023-05-22 Denied Response WaivedRelisted (2)IFP bad-faith cooperation cooperation-agreement criminal-procedure due-process government-misconduct guilty-plea plea-bargaining prosecutorial-discretion section-3553e sentencing sentencing-relief Did the government act in bad faith by denying 18-U.S.C.-3553(e) relief to Petitioner
22-7566 Byron Keith Howard v. United States Fourth Circuit 2023-05-16 Denied Response WaivedIFP automatic-right-to-withdraw criminal-procedure due-process factual-basis federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-colloquy right-to-be-informed rule-11 voluntary-plea Must a defendant be informed at the Rule 11 plea colloquy of a factual basis to support the defendant's plea of guilty before the court can accept the…
22-7459 Joseph Church v. United States Fifth Circuit 2023-05-04 Denied Response WaivedIFP criminal-procedure due-process fifth-circuit guilty-plea involuntary-plea notice plea-withdrawal sentencing Whether it is harmless error when a guilty plea is obtained in violation of due process of law
22-7272 Christopher Ernest Martinez v. United States Fifth Circuit 2023-04-13 Denied Response WaivedIFP criminal-procedure elements-of-crime factual-basis federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 sufficiency-of-evidence united-states-supreme-court Whether the district court's error in accepting the guilty plea under Federal Rules of Criminal Procedure 11(b)(8) is 'plain' where the record identif…
22-7225 Andrew Michael Gomez v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2023-04-06 Denied Response WaivedIFP constitutional-inquiry criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining presumption-of-innocence trial-court whether-trial-court-required-to-inquire-into-factual-basis-of-guilty-plea
22-7229 Manuel Ovante, Jr. v. Arizona Arizona 2023-04-06 GVR IFP capital-murder due-process guilty-plea judicial-misrepresentation lynch-v-arizona parole parole-eligibility sentencing simmons-v-south-carolina Whether Petitioner's guilty pleas were involuntary due to the trial judge's misrepresentation that life with the possibility of parole was a sentencin…
22-7076 Servando Pineda-Valdez v. United States Fifth Circuit 2023-03-23 Denied Response WaivedIFP acceptance-of-responsibility constitutional-claims counsel-performance criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing writ-of-certiorari Whether Servando-Pineda's § 2255 motion sufficiently alleged constitutional claims violations due to counsel's ineffectiveness
22-7084 Christopher Daniel Lutker v. Michigan Michigan 2023-03-23 Denied IFP criminal-procedure defendant-rights due-process guilty-plea involuntary-confession knowingly-voluntarily mental-competency plea-bargaining plea-withdrawal sentencing trial-court-discretion Whether the trial court abused its discretion in denying the defendant's motion to withdraw his guilty plea
22-7057 Raymond Pniewski, Jr. v. Fredeane Artis, Acting Warden Sixth Circuit 2023-03-22 Denied Response WaivedIFP boykin-standard boykin-v-alabama constitutional-rights court-advisement due-process guilty-plea involuntary-plea judicial-procedure people-v-jaworski Do the rulings of Boykin v. Alabama and People v. Jaworski violate the petitioner's constitutional and due process rights by requiring the court to ad…
22-7046 Valdamir Fred Morelos v. California California 2023-03-21 Dismissed IFP autonomy-right capital-defendant capital-defendants counsel-consent due-process guilty-plea mccoy-v-louisiana penal-code penal-code-section-1018 right-to-autonomy sixth-amendment Does California's Penal Code Section 1018 violate capital defendants' right to autonomy under the Sixth Amendment and McCoy v. Louisiana?
22-7032 Scott Lynn Fishbein v. United States Fifth Circuit 2023-03-17 Denied Response WaivedIFP 28-usc-2255 actual-innocence certificate-of-appealability defense-counsel due-process false-information guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel Should a certificate of appealability have been issued for review of an appeal of the denial of a 28 U.S.C. §2255 petition based on ineffective assist…
22-6942 Kwame Burrell v. Willis Chapman, Acting Warden Sixth Circuit 2023-03-06 Denied Response WaivedIFP 14th-amendment 6th-amendment appellate-counsel appellate-procedure constitutional-rights due-process guilty-plea judicial-discretion right-to-counsel state-constitution Did the trial court fail to protect the petitioner's fundamental due process right to substitute appellate counsel after the original appellate counse…
22-6656 Randy Lee Stapleton v. United States Ninth Circuit 2023-01-30 Denied Response WaivedIFP appellate-waiver circuit-split constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice motion-to-withdraw Whether an appellate court should review on the merits the denial of a motion to withdraw a guilty plea notwithstanding a purported waiver of appeal
22-6556 Lawrence Anderson Fonseca, fka Lawrence Anderson Fonseca-Garcia v. United States First Circuit 2023-01-18 Denied Response WaivedIFP criminal-procedure foreign-national guilty-plea innocence new-evidence plea-bargaining plea-withdrawal post-conviction-relief subject-matter-jurisdiction Whether Fonseca should be allowed to withdraw his guilty plea in light of new evidence supporting his claim of innocence
22-6527 William Langley, Jr. v. United States Fourth Circuit 2023-01-11 Denied Response WaivedIFP 924(c) constitutional-challenge conviction-reversal criminal-procedure due-process factual-innocence firearm-statute guilty-plea plea-bargaining sentencing statutory-interpretation Should the court find petitioner's conviction for '924(c) et al. unconstitutional
22-6486 Atiq Weston v. Michael Capra, Superintendent, Sing Sing Correctional Facility Second Circuit 2023-01-09 Denied Response WaivedIFP constitutional-claims constitutional-rights dna-testing due-process extraordinary-relief false-evidence false-testimony guilty-plea new-trial newly-discovered-evidence post-conviction Whether the post-conviction, due process violations exposed by false DNA testing on the petitioner's case warrant a new trial
22-6431 Philip Johnson v. Illinois Illinois 2022-12-30 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights eighth-amendment guilty-plea juvenile-justice juvenile-sentencing miller-factors miller-v-alabama plea-bargaining proportionate-penalties sentencing sentencing-discretion Whether a pre-Miller guilty plea bars a post-Miller sentencing challenge under the Eighth Amendment
22-6349 Daniel Nepomuceno v. Erin Reyes, Superintendent, Snake River Correctional Institution Ninth Circuit 2022-12-20 Denied Response WaivedIFP 28-usc-2254 constitutional-rights credibility-determination due-process federal-habeas guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief state-post-conviction-proceedings Could reasonable jurists debate whether a state court's dispositive credibility determination regarding federal constitutional rights, based on a writ…
22-6288 Mangwiro Sadiki-Yisrael v. United States Eleventh Circuit 2022-12-13 Denied Response WaivedIFP base-offense-level first-degree-murder guilty-plea mens-rea rehaif-v-united-states rico-conspiracy sentencing-guidelines statutory-interpretation statutory-max Whether the government must prove a defendant's mens rea and knowledge of first-degree murder to establish the statutory max and base offense level un…
22-536 Eliezer Alberto Jimenez v. United States Sixth Circuit 2022-12-12 Denied constitutional-rights criminal-procedure guilty-plea habeas-corpus miscarriage-of-justice unconstitutional-conditions waiver-of-rights Whether requiring a criminal defendant to waive the right to seek habeas corpus or its substitute as a condition of a guilty plea violates the unconst…
22-537 Ramy Eid Zaki Hakim v. United States Ninth Circuit 2022-12-12 Denied Response Waived due-process evidentiary-hearing government-inducement government-promise guilty-plea immigration-status judicial-review plea-bargaining plea-withdrawal When can a defendant withdraw a guilty plea induced by the government's promise to assist with immigration status?
22-527 Sammy Jay Riddle v. Texas Texas 2022-12-07 Denied Response RequestedResponse WaivedRelisted (2) constitutional-rights criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel state-collateral-review texas-courts texas-criminal-procedure Whether the Texas courts denied petitioner due process by rejecting his substantial ineffective-assistance-of-counsel claim without conducting an evid…
22-6013 Damian Robert Guthary v. United States Fourth Circuit 2022-11-08 Denied Response WaivedIFP 18-usc-922g criminal-law criminal-procedure guilty-plea mens-rea plain-error rehaif rehaif-error statutory-interpretation Whether Petitioner satisfies Greer's plain error standard for relief from Rehaif error
22-5900 Robert Bethel v. Ohio Ohio 2022-10-25 Denied IFP brady-disclosure brady-v-maryland constitutional-rights criminal-procedure due-process exculpatory-evidence guilty-plea impeachment-evidence united-states-v-ruiz Whether there is a fundamental difference between material exculpatory and impeachment evidence when a guilty plea is involved, and does due process r…
22-5746 Chrystal Clues-Alexander v. Louisiana Louisiana 2022-10-04 Denied Response WaivedIFP constitutional-waiver criminal-procedure due-process guilty-plea jury-unanimity plea-bargaining plea-withdrawal ramos-retroactivity retroactivity right-to-jury-trial unanimous-jury Whether this Court's decision in Ramos v. Louisiana, 590 U.S. __ (2020), provides grounds for a defendant to withdraw her pre-Ramos plea of guilty bef…
22-5724 In Re Chad Small 2022-09-30 Denied IFP compliance-with-rules constitutional-rights criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel knowingly-intelligently-voluntarily parties-to-proceeding sixth-amendment WHETHER PETITIONER WAS DENIED HIS 6TH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL
22-5711 Joshua Austin Kramer, aka Benjamin Franklin v. United States Fourth Circuit 2022-09-29 Denied Response WaivedIFP criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-resources legal-innocence plea-bargaining plea-withdrawal prejudice withdrawal-of-plea Whether the district court erred by denying Petitioner's motion to withdraw his guilty plea
22-176 James Burkhart v. United States Seventh Circuit 2022-08-29 Denied Response Waived 28-usc-2255 adverse-effect conflict-of-interest counsel-conflict evidentiary-hearing guilty-plea ineffective-assistance post-conviction-relief sixth-amendment Whether the Seventh Circuit's formulation of the adverse effect standard under Cuyler v. Sullivan is too demanding, particularly in the guilty plea co…
22-5383 Lynn M. Giovanni v. New Jersey New Jersey 2022-08-18 Denied IFP criminal-defense diminished-capacity guilty-plea ineffective-assistance insanity-defense psychiatric-evaluation sentencing sentencing-mitigation strickland-standard strickland-v-washington withdrawal Ineffective-assistance-of-counsel
22-5283 Gerald Funk v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-08-04 Denied Response WaivedIFP consequences constitutional-rights guilty-plea guilty-plea-negotiation ineffective-assistance plea-negotiations plea-offer sixth-amendment trial-counsel trial-strategy Whether trial counsel's Sixth Amendment duties require affirmative assistance in guilty-plea decision
22-5191 Anis Blemur v. United States Eleventh Circuit 2022-07-26 Denied Response WaivedIFP abuse-of-discretion certificate-of-appealability controlling-precedent district-court eleventh-circuit guilty-plea ineffective-assistance-of-counsel judicial-discretion remand Whether the Eleventh Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion in hold…
21-8203 Galina Rytsar v. Lonnie Oliver, Superintendent, State Correctional Institution at Cambridge Springs Third Circuit 2022-06-22 Denied Response WaivedIFP criminal-procedure deportation-consequences discovery due-process guilty-plea habeas-corpus impeachment-of-witnesses ineffective-assistance sixth-amendment sixth-amendment-right translation Ineffective-assistance-of-counsel
21-8173 Vincent Raymond Rios v. United States Ninth Circuit 2022-06-17 Denied Response WaivedIFP constitutional-rights criminal-procedure drug-crimes due-process guilty-plea ineffective-assistance ineffective-counsel language-barrier language-rights plea-bargaining Should the Ninth Circuit have vacated Mr. Rios's guilty plea for lack of a knowing and voluntary waiver of his constitutional rights
21-8120 Willie Alfred Green v. Delijah Washington Eleventh Circuit 2022-06-10 Denied Response WaivedIFP brady-claim brady-claims due-process effective-assistance false-evidence guilty-plea materially-exculpatory-evidence perjured-testimony prosecutorial-misconduct sixth-amendment Are Brady claims available for defendants who plead guilty when the prosecution withholds materially exculpatory evidence?
21-8086 Jeremiah F. Wooden v. Massachusetts Massachusetts 2022-06-08 Denied Response WaivedIFP criminal-procedure criminal-record guilty-plea ineffective-assistance informed-consent meritorious-defenses plea-bargaining plea-counsel right-to-counsel sixth-amendment Whether plea counsel has a duty to advise of the impact of a conviction on his client's criminal record before a guilty plea
21-8045 Marcellus Overton v. United States Second Circuit 2022-06-03 Denied Response WaivedIFP brady-violation criminal-procedure exculpatory-evidence guilty-plea materiality materiality-standard plea-withdrawal reasonable-defendant rule-11 united-states-v-dominguez-benitez When a defendant seeks to withdraw his or her guilty plea based upon the Government's failure to timely disclose exculpatory evidence, is the 'materia…
21-8036 Jason Slaughter v. Delaware Delaware 2022-06-02 Denied Response WaivedIFP constitutional-rights guilty-plea IAD-rights ineffective-assistance ineffective-assistance-of-counsel procedural-default speedy-trial waiver Did petitioner's attorney provide ineffective assistance of counsel sufficient to constitute cause for a procedural default
21-7922 Jason Michael Ehret v. United States Fifth Circuit 2022-05-19 Denied Response WaivedRelisted (2)IFP civil-rights criminal-procedure due-process guilty-plea habeas-corpus judicial-bias rule-11 standing structural-error uncounseled-counsel void-conviction Does an uncounseled guilty plea constitute a structural error that can be raised at any time?
21-7866 Carlos Alberto Zamudio v. United States Fifth Circuit 2022-05-13 Denied Response WaivedIFP appellate-jurisdiction appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standard-of-review withdrawal withdrawal-of-guilty-plea Whether the courts of appeals have improperly narrowed the 'fair and just reason' standard for evaluating a defendant's request to withdraw a guilty p…
21-7840 Hazhar A. Sayed v. Colorado Colorado 2022-05-11 Denied IFP constitutional-rights criminal-procedure due-process guilty-plea immigration ineffective-assistance ineffective-assistance-of-counsel people-v-chavez-torres plea-bargaining plea-counsel Whether Mr. Sayed's plea was entered knowingly, intelligently, and voluntarily
21-7758 Donald W. Estell v. United States Eighth Circuit 2022-05-02 Denied Response WaivedIFP due-process false-testimony guilty-plea napue-rule napue-v-illinois narcotics-influence plea-bargaining right-to-testify sentencing witness-testimony Should this court apply the Napue due process for a defendant who pleads guilty?
21-7723 Freddie Galan v. United States Fifth Circuit 2022-04-27 Denied Response WaivedIFP criminal-procedure due-process fifth-circuit guilty-plea ineffective-assistance judicial-review plea-bargaining rule-11 supreme-court-review Whether Mr. Galan's guilty plea to facts which do not constitute a conspiracy offense as a matter of law is an invalid and unintelligent guilty plea w…
21-7706 Irving Ernesto Arias v. United States Fifth Circuit 2022-04-26 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process fifth-circuit guilty-plea motion-to-withdraw plea-bargaining sentencing Did the district court err in denying the defendant's motion to withdraw his guilty plea?
21-7570 Vander Clayborne v. Pennsylvania Pennsylvania 2022-04-07 Denied IFP criminal-procedure due-process guilty-plea juvenile-justice mental-capacity mental-competency miller-v-alabama parole sentencing Should this Court review the decision of the Pennsylvania Supreme Court to deny the Petitioner the right to have his unwarranted guilty plea looked in…
21-7225 Milton Lattimore v. Illinois Illinois 2022-02-28 Denied Response WaivedIFP criminal-procedure due-process fair-trial guilty-plea judicial-discretion mental-competency special-conditions trial-fitness Whether a person who is fit to stand trial only with special conditions is denied due process when the trial court accepts a guilty plea entered witho…
21-7171 Robin Lee Sherwood v. George A. Neotti, Warden Ninth Circuit 2022-02-22 Denied Response WaivedRelisted (2)IFP competency competency-to-plead-guilty guilty-plea habeas habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel prejudice-standard strickland-standard strickland-v-washington Whether the Ninth Circuit's prejudice standard for an ineffective assistance of counsel claim concerning competency to plead guilty conflicts with Str…
21-7074 Benny Dennis v. United States Fifth Circuit 2022-02-08 Denied Response WaivedIFP certificate-of-appealability civil-procedure due-process fifth-circuit guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining standing supreme-court-precedent Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the Court to justify the denial of a certificate of appe…
21-1042 David Minnick v. Dan Winkleski, Warden Seventh Circuit 2022-01-26 Denied Response Waived criminal-procedure defense-counsel direct-appeal guilty-plea hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel reasonableness-inquiry sentencing strickland-standard strickland-v-washington Whether the 'reasonableness' standard for assessing deficient performance of defense counsel under Strickland-v-Washington,-Hill-v-Lockhart permits a …
21-6832 Douglas D. True v. Dexter Payne, Director, Arkansas Division of Correction Arkansas 2022-01-12 Denied Response WaivedIFP actual-innocence constitutional-mandate due-process guilty-plea habeas-corpus jurisdiction plea-voluntariness supreme-court-review whether-the-supreme-court-overruled-boykin-v-alabama
21-6749 Matthew Sullivan v. Daniel Sproul, Warden Seventh Circuit 2021-12-30 Denied Response WaivedIFP brady-v-united-states criminal-procedure guilty-plea legal-clarification misinformation plea-validity post-conviction post-conviction-relief sentencing-enhancement statutory-penalty May a criminal defendant attack the validity of his guilty plea when a post conviction clarification in law reveals that he was misinformed regarding …
21-6711 Darius Smith v. United States District of Columbia 2021-12-22 Denied Response WaivedIFP competency due-process effective-assistance guilty-plea ineffective-assistance-of-counsel intellectual-disabilities intellectual-disability mental-competency mental-illness plea-proceeding sixth-amendment Whether Petitioner's Fifth Amendment right to Due Process was violated
21-6656 Azizjon Rakhmatov v. United States Second Circuit 2021-12-17 Denied Response WaivedIFP appellate-waiver constitutional-rights cruel-and-unusual-punishment due-process equal-protection guilty-plea plea-agreement right-to-appeal right-to-counsel sentencing-bias Whether a sentence based on racial and ethnic bias can be appealed pursuant to the Constitutional rights to due process and equal protection of the la…
21-6630 Daniel A. Rodriguez v. United States Eleventh Circuit 2021-12-16 Denied Relisted (2)IFP 28-usc-455 appeal appellate-rights criminal-procedure due-process federal-statute guilty-plea judicial-recusal recusal waiver-of-rights Whether an unconditional guilty plea waives a federal criminal defendant's right to appeal a district court's failure to recuse under 28 U.S.C. § 455(…
21-6557 Tekoa Glover v. United States Fourth Circuit 2021-12-10 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure guilty-plea non-jurisdictional-claim sixth-amendment waiver withdrawal Did the United States Court of Appeals for the Fourth Circuit err by ruling that Mr. Glover waived his Sixth Amendment claims by entering a guilty ple…
21-6416 Bradford S. Davic v. Ohio Ohio 2021-11-24 Denied Response WaivedRelisted (2)IFP appellate-review constitutional-rights due-process guilty-plea mandatory-sentences mandatory-sentencing sex-offender-registration trial-court-notification void-plea Is a petitioner denied due process of law, and is his guilty plea void, where his plea was not entered knowingly, intelligently and voluntarily, due t…
21-6369 Jeremy Denson v. Texas Texas 2021-11-22 Denied Response WaivedIFP boykin-standard boykin-v-alabama constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion judicial-oversight plea-bargaining plea-canvass record-development Did the judge err in accepting the defendant's guilty plea without asking him about the contradictory statements?
21-6073 John Ray Falk, Jr. v. Texas Texas 2021-10-27 Denied IFP accomplice-liability capital-murder capital-punishment criminal-liability due-process guilty-plea law-of-parties notice plea-bargaining pro-se pro-se-defendant Whether a pro se defendant must be informed of the prosecution's theory of his own criminal liability when pleading guilty to a death-eligible homicid…
21-603 Ohio v. George Brinkman Ohio 2021-10-26 Denied Amici (1) automatic-reversal boykin-advisement boykin-v-alabama constitutional-rights due-process fourteenth-amendment guilty-plea plea-review presumption-of-prejudice standard-of-review Does the Due Process Clause prohibit review of the entire record to determine whether a guilty plea was knowingly, intelligently and voluntarily enter…
21-5967 Zenon Grzegorczyk v. United States Seventh Circuit 2021-10-15 Denied Relisted (11)IFP collateral-review constitutional-challenge constitutional-law criminal-procedure due-process guilty-plea retroactivity substantive-law waiver Does an unconditional guilty plea waive a defendant's right to challenge his conviction under 18 U.S.C. § 924(c) on the grounds that Davis rendered it…
21-5906 Michael Jerome Pettway v. United States Sixth Circuit 2021-10-05 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process guilty-plea ineffective-assistance notice-of-appeal rule-11 section-924(c) sixth-amendment Ineffective-assistance-of-counsel
21-5601 Abdullah Hamidullah v. United States Eleventh Circuit 2021-09-08 Denied Response WaivedIFP colloquy constitutional-law criminal-procedure due-process federal-courts guilty-plea motion-to-withdraw plea-bargaining rule-11 sentencing Did the district court violate the defendant's substantial due process rights during the mandatory Rule 11 colloquy?
21-5490 Joseph Montrel Bourgeois v. Texas Texas 2021-08-26 Denied Relisted (2)IFP civil-rights criminal-procedure deadly-weapon direct-appeal due-process guilty-plea intoxication plea-agreement retroactive-application sentencing-enhancement warrantless-search Whether the trial court and criminal court of appeals of Texas violated established federal law as determined by the United States Supreme Court
21-192 Gregory S. Simpson v. United States Armed Forces 2021-08-11 Denied Response Waived aiding-and-abetting contraband criminal-liability due-process guilty-plea mens-rea statutory-construction Is it a constitutional due process violation for Petitioner's guilty plea to distribution of indecent images to be accepted based on a theory that he …
21-5340 Gerald Allen Hiler v. United States Ninth Circuit 2021-08-11 Denied Response WaivedIFP appeal-waiver criminal-procedure district-court factual-basis federal-rules-of-criminal-procedure guilty-plea plea-agreement sentencing Does a federal criminal defendant's valid waiver of appeal in a plea agreement bar the defendant from an appeal that challenges the sufficiency of the…
21-122 Davin Seth Waters v. United States Fifth Circuit 2021-07-28 Denied Response Waived criminal-procedure due-process guilty-plea habeas-corpus judicial-discretion mutual-mistake plea-bargaining plea-withdrawal voluntariness Does the doctrine of mutual mistake provide a cognizable basis to find a guilty plea involuntary?
21-5142 Michael Angelo Williams v. United States Sixth Circuit 2021-07-20 Denied Response WaivedIFP criminal-procedure due-process guilty-plea harmless-error ineffective-assistance plea-bargaining sentencing sentencing-enhancement sixth-amendment sixth-circuit withdrawal-of-plea Whether Mr. Williams should have been permitted to withdraw his guilty plea
21-5042 John Shields v. United States Sixth Circuit 2021-07-08 Denied IFP controlled-substance criminal-procedure double-jeopardy evidence guilty-plea money-laundering plain-error waiver waiver-doctrine Whether the Sixth Circuit's blanket policy of relying on the waiver doctrine conflicts with this Court's plain-error-jurisprudence
20-1825 Jeffrey McClatchy v. Texas Texas 2021-07-01 Denied brady-disclosure brady-v-maryland criminal-procedure due-process exculpatory-evidence guilty-plea plea-bargaining prosecutorial-misconduct united-states-v-ruiz Whether due process entitles a defendant to exculpatory information pre-plea
20-8369 Clarence Clark v. United States Second Circuit 2021-06-21 Denied Response WaivedIFP 2nd-amendment constitutional-challenge constitutional-law criminal-procedure due-process fifth-amendment guilty-plea plain-error plea-bargaining sentencing sixth-amendment statutory-interpretation Whether the Second Circuit Court of Appeals erred in violation of U.S. Const. V and VI as well as this Court's precedent
20-8286 Kemon Dominique Thompson v. United States Eleventh Circuit 2021-06-11 Denied Response RequestedResponse WaivedRelisted (2)IFP categorical-approach constitutional-error crime-of-violence guilty-plea hobbs-act-robbery jurisdiction jurisdictional-challenge statutory-interpretation united-states-v-davis Whether Mr. Thompson's plea of guilty was voluntary, knowing, and intelligent
20-8247 Marcus Darwyn Jones v. United States Fifth Circuit 2021-06-09 Denied Response WaivedIFP criminal-procedure due-process guilty-plea plea-bargaining plea-voluntariness prosecutor-misconduct prosecutorial-misrepresentation sentencing-consequences sorna waiver Whether reliance on a prosecutor's legal misstatements regarding the consequences of a guilty plea renders that plea involuntary and unknowing
20-8267 Christopher Jermaine Kelley v. United States Sixth Circuit 2021-06-09 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-challenge criminal-procedure due-process essential-element guilty-plea judicial-review parties plea-bargaining Question not identified
20-8170 Ronnie Ray Ogle v. Mike Parris, Warden Sixth Circuit 2021-05-27 Denied Response WaivedIFP aedpa-standard due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel involuntary-plea judicial-discretion recusal statute-of-limitations Whether the state's adjudication - or lack thereof - of Petitioner's Tennessee Rules of Civil Procedure Rule 60(b) Motion, Tennessee Rules of Criminal…
20-8135 Gregg McNamara v. Rob Bonta, Attorney General of California Ninth Circuit 2021-05-25 Dismissed Response WaivedIFP coerced-confession constitutional-rights criminal-conviction criminal-procedure due-process guilty-plea habeas-corpus mental-competency mental-impairment sixth-amendment Whether a person convicted while suffering from severe mental impairment can invoke the Sixth Amendment right to know the nature and cause of the acti…
20-8111 Taariq Kaaleeq Jackson-Bey v. United States Eighth Circuit 2021-05-24 Denied Response WaivedIFP appeal-waiver constitutional-rights due-process evidentiary-hearing felon-in-possession guilty-plea henderson-v-united-states judicial-review liberty-review notice post-conviction-relief Whether the petitioner's guilty plea to possession of a firearm by a convicted felon under 18 U.S.C. § 922(g) was not knowingly and intelligently made…
20-8091 Steven Zapata v. Kentucky Kentucky 2021-05-20 Denied Response WaivedIFP competency constructive-denial-of-counsel criminal-procedure cronic-standard cronic-v-united-states guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-colloquy strickland-standard strickland-v-washington Whether the constructive denial of counsel standard under Cronic v. United States or the ineffective assistance of counsel standard under Strickland v…
20-8073 Damari Jennings v. Louisiana Louisiana 2021-05-19 Denied Response WaivedIFP alford-plea due-process equal-protection guilty-plea ineffective-assistance ineffective-assistance-of-counsel juvenile-defendant north-carolina-v-alford plea-bargaining sixth-amendment Was Jennings denied due process and equal protection when the trial court refused to allow him to withdraw his guilty plea?
20-8068 Stephen Mark McDaniel v. Edward Philbin, Warden Georgia 2021-05-18 Denied Response WaivedRelisted (2)IFP certificate-of-probable-cause constitutional-rights due-process effective-assistance-of-counsel guilty-plea habeas-corpus ineffective-assistance plea-voluntariness weatherford-v-bursey Did the Supreme Court of Georgia abuse its discretion by refusing to grant a Certificate of Probable Cause to review the judgment of the Habeas Court?
20-7870 Scott Raymond Tignor v. United States Tenth Circuit 2021-04-28 Denied IFP appellate-review criminal-procedure due-process elements-of-offense guilty-plea plea-voluntariness rehaif-v-united-states standard-of-review united-states-v-gary When a defendant argues for the first time on appeal that his guilty plea was not knowing and voluntary because he was not informed of the elements of…
20-7740 Jason Robert Vickers v. Kenneth Diggs, Warden Fourth Circuit 2021-04-14 Denied Response WaivedIFP criminal-indictment criminal-procedure due-process evidence-fabrication exculpatory-evidence guilty-plea ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct wrongful-conviction Whether a criminal defendant can challenge an indictment and/or conviction after a coerced guilty plea
20-7764 Jamil Stefon Carter v. O'Bell T. Winn, Warden Sixth Circuit 2021-04-14 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel jury-selection motion-to-suppress plea-withdrawal right-to-appeal Whether due process requires plea withdrawal where the petitioner was unaware that his guilty plea waived his right to appeal the denial of a pre-tria…
20-1439 Phillip Dwayne Loyd v. United States Eighth Circuit 2021-04-14 Denied Response Waived actual-innocence certificate-of-appealability constitutional-claims district-court due-process evidentiary-hearing guilty-plea habeas-corpus Whether a district court may deny a habeas corpus petition solely because a petitioner's factual allegations contradict a guilty plea
20-7724 John K. Wilson v. Rosemary Ndoh, Warden Ninth Circuit 2021-04-12 Denied Response WaivedIFP constitutional-standard de-novo-review due-process evidentiary-hearing federal-constitutional-rights fourteenth-amendment guilty-plea no-contest-plea plea-bargaining standard-of-review state-court-proceedings Whether a defendant is entitled to de novo review of a claim that his guilty plea was involuntary under the Fourteenth Amendment
20-7672 James Michael Garcia v. United States Ninth Circuit 2021-04-07 Denied Response WaivedIFP assault child-abuse criminal-procedure double-jeopardy due-process guilty-plea plea-bargaining sentencing serious-bodily-injury Whether the government may pursue an assault charge after a defendant pleads guilty to felony child abuse where the assault charge subsumes the pled p…
20-7604 Christopher Johnson v. United States Ninth Circuit 2021-03-31 Denied IFP appellate-review criminal-procedure due-process guilty-plea indictment mens-rea plain-error rehaif Whether the appellate court may assume the indictment alleges a federal offense and consider material outside the trial record to adjudicate the defen…
20-1356 Eduardo Lopez v. United States Eleventh Circuit 2021-03-25 Denied appellate-rights conflict-of-interest counsel-disqualification criminal-procedure disqualification guilty-plea sixth-amendment structural-defect wheat-v-united-states Does a guilty plea automatically waive a defendant's right to appeal a structural defect in the underlying proceedings?
20-7467 Timothy Wayne Carver v. United States Eleventh Circuit 2021-03-17 Denied Response WaivedIFP criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment Where plea counsel's ineffective assistance causes a defendant to misapprehend the consequences of pleading guilty, may the defendant obtain relief ev…
20-7429 William Davis v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-03-11 Denied Response WaivedIFP appeals-process constitutional-rights criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-examination mental-health post-conviction-relief Whether a reasonable COVID-19 debate
20-7394 Joaquin Ramos De La Cruz v. United States Fifth Circuit 2021-03-09 Denied IFP 18-usc-922 18-usc-924 armed-career-criminal-act categorical-approach circuit-split divisibility felon-in-possession guilty-plea knowledge-requirement sentencing-enhancement statutory-interpretation structural-error Is it structural error when a defendant pleaded guilty to possessing a firearm as a felon without being advised that one element is knowledge of his s…
20-7291 John L. Harris v. Illinois Illinois 2021-03-02 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process guilty-plea non-consensual-reinstatement plea-bargaining plea-opportunity presumption-of-innocence sentencing trial-court Whether a trial court's non-consensual reinstatement of a defendant's guilty plea, without admonishments or the opportunity to plead anew, violates th…
20-7300 Robbull Bryant v. United States Second Circuit 2021-03-02 Denied Relisted (2)IFP 2nd-amendment constitutional-challenge conviction criminal-procedure due-process guilty-plea plain-error rehaif rehaif-error second-circuit standing Whether the Second Circuit Court of Appeals erred in denying Bryant's constitutional challenges to his guilty plea to a violation of 18 U.S.C. § 922(g…
20-7282 Earl Malloy v. United States Second Circuit 2021-03-01 Denied IFP 18-usc-922g criminal-law criminal-procedure due-process firearms-offense guilty-plea rehaif-standard rehaif-v-united-states sentencing statutory-interpretation Whether this petition should be held pending the decision in United States v. Gary, No. 20-444, given that both this petition and Gary present the sam…
20-7182 Anton Tuomi v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-02-19 Denied Response WaivedIFP appellate-procedure conflict-of-interest faretta-rights faretta-v-california guilty-plea ineffective-assistance ineffective-assistance-of-counsel right-to-counsel waiver-of-rights Whether the petitioner was denied his right to counsel
20-1129 Scott Phillip Flynn v. United States Eighth Circuit 2021-02-17 Denied Amici (1) constitutional-rights criminal-procedure due-process guilty-plea irs jury-trial klein-conspiracy restitution seventh-amendment sixth-amendment Whether the due process clause requires discussion of the elements of an 18 U.S.C. § 371 conspiracy to defraud the IRS before accepting a guilty plea
20-7152 Brian Hook v. Indiana Indiana 2021-02-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea habitual-offender ineffective-assistance ineffective-assistance-of-counsel sentencing sixth-amendment Whether the petitioner was deprived of effective assistance of counsel in violation of the Fifth, Sixth, and Fourteenth Amendments
20-7156 Faizal Sabar, aka Brian Pimentel v. United States Fifth Circuit 2021-02-16 Denied Response WaivedIFP criminal-procedure discretionary-review evidentiary-hearing guilty-plea supervisory-powers united-states-court-of-appeals Whether the decision of the United States Court of Appeals for the Fifth Circuit conflicts with the decisions of this Court on an important matter, an…
20-7124 George Skylar Cloud v. United States Ninth Circuit 2021-02-11 Denied Response WaivedIFP criminal-procedure district-court-discretion evidence evidence-admission federal-charges federal-criminal-law firearm-discharge guilty-plea sentencing separation-of-powers Did the district court error when it allowed the government to introduce into evidence the Petitioner's guilty plea, in a separate pending matter, to …
20-1095 Darius Wayne Haws v. Idaho Idaho 2021-02-10 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) appeal-waiver appellate-rights constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment guilty-plea plea-agreement Whether a criminal defendant's purported waiver of the right to appeal is knowing, intelligent, and voluntary
20-7062 Alfred L. Cross v. United States Seventh Circuit 2021-02-05 Denied Response WaivedIFP bank-fraud constitutional-rights criminal-procedure due-process guilty-plea indictment-defect intent intent-to-defraud jurisdiction materiality materiality-element plea-bargaining Whether the Decision below squarely conflicts with McCarthy v. United States and Neder v. United States, where Mr. Cross Held a Constitutional Right t…
20-7036 Emmanuel Ravell v. United States Fifth Circuit 2021-02-04 Denied Relisted (2)IFP automatic-relief circuit-split criminal-law felon-in-possession firearm-possession guilty-plea plain-error rehaif structural-error Whether a guilty plea to possessing a firearm as a felon in violation of 18 U.S.C. 922(g)(1) and 924(a) that was entered before Rehaif v. United State…
20-6862 Montecarlos Gant v. United States Eighth Circuit 2021-01-13 Denied Relisted (2)IFP appellate-review constitutional-error due-process guilty-plea plain-error prejudice reversal substantial-rights Whether automatic reversal is required when a defendant's plea was not knowingly and intelligently made in violation of the Due Process Clause
20-6802 Noel Jones v. United States Fifth Circuit 2021-01-08 Denied Response RequestedResponse WaivedRelisted (2)IFP automatic-reversal constitutional-defect criminal-liability criminal-procedure drug-conspiracy drug-quantity due-process guilty-plea sentencing-enhancement structural-error If a criminal defendant pleading guilty to a drug conspiracy is required to admit to an enhancing drug quantity as part of his guilty plea but has bee…
20-6730 Jose Lupe Corrall v. United States Fifth Circuit 2020-12-31 Denied Response WaivedIFP controlled-substance controlled-substances criminal-law criminal-procedure drug-distribution due-process federal-scheduling guilty-plea knowledge-standard mens-rea plea-bargaining statutory-interpretation Whether, under McFadden v. United States, a defendant pleading guilty to knowingly distributing a controlled substance must admit that he knew the sub…
20-6726 Jamie Betances v. United States First Circuit 2020-12-30 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure factual-objections guilty-plea legal-arguments plea-agreement sentencing-enhancement sentencing-guidelines Did the lower court err in denying Jamie Betances acceptance of responsibility, under U.S.S.G. § 3E1.1, after Mr. Betances pleaded guilty, accepted th…
20-6727 Sergio Avalos v. United States Ninth Circuit 2020-12-30 Denied Response WaivedIFP criminal-procedure due-process fair-and-just-reasons guilty-plea impeachment-evidence impeachment-information plea-agreement post-hoc-disclosure withdrawal Whether being misled about the terms of the plea agreement and the government's post-hoc disclosure of impeachment information constituted 'fair and j…
20-6714 Jevonne Martell Coleman v. United States Eighth Circuit 2020-12-29 Denied Relisted (2)IFP appellate-review constitutional-error due-process guilty-plea plain-error prejudice reversal substantial-rights When a defendant's plea was not knowingly and intelligently made, is automatic reversal required?
20-6706 Roberto Degollado v. Texas Texas 2020-12-23 Denied IFP and whether due process requires affirmative show 14th-amendment criminal-plea criminal-procedure due-process guilty-plea intentional-conduct memory memory-defense murder plea-bargaining Is a defendant's open plea of guilty to murder valid when the plea colloquy reflects the defendant does not remember the conduct, or is it no longer r…
20-6610 Luis Sanabria-Robreno v. United States Third Circuit 2020-12-11 Denied Relisted (2)IFP 18-usc-922g constitutional-validity criminal-procedure due-process essential-elements firearm-possession guilty-plea plea-bargaining rehaif-v-united-states When defendants plead guilty, can a court treat a plea as constitutionally valid when it was entered without knowledge of an offense element?
20-6598 Stephen Frederick Baker, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2020-12-10 Denied IFP civil-rights criminal-procedure discovery due-process effective-assistance-of-counsel equitable-tolling guilty-plea ineffective-assistance-of-counsel sixth-amendment Whether the petitioner is entitled to equitable tolling
20-6601 Savannah Sifuentes v. United States Fifth Circuit 2020-12-10 Denied Relisted (2)IFP appellate-review criminal-procedure elements-of-offense essential-element forfeiture guilty-plea indictment indictment-challenge statutory-interpretation waiver Whether a defendant who unsuccessfully moves to dismiss an indictment for failure to allege an essential element of the crime waives or forfeits the a…
20-6583 Edgar Espinoza v. United States Ninth Circuit 2020-12-09 Denied Relisted (2)IFP constitutional-defect criminal-indictment criminal-procedure federal-jurisdiction fifth-amendment guilty-plea indictment jurisdiction mens-rea sixth-amendment Whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential mens rea element of the offense
20-6511 Jose Antonio Lugo-Guerrero, aka Antonio Moraima, aka Fernando Rivera-Rodriguez, aka Alex v. United States First Circuit 2020-12-03 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-review plea-bargaining sentencing sixth-amendment Whether this Court should grant this petition because the First Circuit's judgment affirming the district court's judgment violates Mr. Lugo-Guerrero'…
20-6405 Joshua Cato v. United States Fifth Circuit 2020-11-23 Denied Response WaivedIFP controlled-substance controlled-substances criminal-law criminal-procedure drug-distribution due-process federal-scheduling guilty-plea knowledge-standard mens-rea plea-bargaining statutory-interpretation Whether, under McFadden v. United States, a defendant who pleads guilty to knowingly distributing a controlled substance must admit that he knew the s…
20-6305 Roosevelt Leon Cooper v. United States Eleventh Circuit 2020-11-13 Denied Relisted (2)IFP criminal-law criminal-procedure due-process felon-in-possession firearm-statute guilty-plea plain-error sentencing sentencing-error Whether a defendant who pleaded guilty to possessing a firearm as a felon is automatically entitled to plain error relief if the district court did no…
20-6291 Christopher Stacy v. United States Eleventh Circuit 2020-11-12 Denied Relisted (2)IFP criminal-law criminal-procedure felon-in-possession firearm-statute guilty-plea mens-rea plain-error plea-bargaining sentencing sentencing-guidelines Whether a defendant who pleaded guilty to possessing a firearm as a felon is automatically entitled to plain error relief if the district court did no…
20-6192 Jamal Aikeem Hutchinson v. United States Eleventh Circuit 2020-11-02 Denied Relisted (2)IFP appellate-review constitutional-law criminal-law criminal-procedure due-process firearms guilty-plea henderson-v-morgan plain-error plain-error-review statutory-interpretation Can the appellate courts' divergent approaches to plain error review of pre-Rehaif guilty pleas be reconciled with one another?
20-6162 Frank Trujillo v. United States Tenth Circuit 2020-10-29 Denied Relisted (2)IFP criminal-procedure due-process elements-of-offense federal-courts guilty-plea plea-bargaining plea-voluntariness rehaif-v-united-states standard-of-review Whether a defendant's guilty plea was knowing and voluntary when the defendant was not informed of an element of the offense
20-6121 Jesus Adam Lizarraga v. United States Eighth Circuit 2020-10-23 Denied Response WaivedIFP certificate-of-appealability eighth-circuit guilty-plea ineffective-assistance ineffective-assistance-of-counsel massaro-precedent massaro-v-united-states procedural-default Whether the Eight Circuit's denial of a certificate of appealability
20-6109 Rashawn D. Watson v. United States Sixth Circuit 2020-10-22 Denied Relisted (3)IFP criminal-law criminal-procedure due-process firearm-possession guilty-plea indictment indictment-sufficiency knowledge-element mens-rea plea-bargaining rehaif-decision rehaif-v-united-states Whether the decision in Rehaif v. United States, 139 S. Ct. 2191 (2019) requires that Petitioner's guilty plea and conviction be vacated
20-6106 Rafael Cruz v. United States Fifth Circuit 2020-10-21 Denied Response WaivedIFP civil-rights coerced-confession criminal-procedure due-process guilty-plea ineffective-assistance mental-disability plea-bargaining sentencing sixth-amendment voluntariness Whether the district court erred in denying the defendant's request for a certificate of innocence, when the defendant had pled guilty to 'hostage tak…
20-6018 Win Min Htut v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2020-10-15 Denied Response WaivedIFP civil-rights constitutional-law constitutional-rights counsel-performance criminal-procedure due-process guilty-plea ineffective-assistance-of-counsel legal-procedure plea-agreement plea-bargaining Can a defendant intelligently, knowingly, and voluntarily waive his right to challenge the effectiveness of his counsel by signing a guilty plea?
20-5852 Robert Louis Brandon v. United States Fifth Circuit 2020-09-30 Denied Relisted (3)IFP appellate-review automatic-reversal circuit-split criminal-procedure guilty-plea prejudice-inquiry rehaif-error rehaif-v-united-states structural-error Is a district court's error under Rehaif v. United States a structural error that warrants automatic reversal of a guilty plea?
20-5824 Trenard Caldwell v. United States Eleventh Circuit 2020-09-28 Denied Relisted (3)IFP criminal-procedure due-process eleventh-circuit fourth-circuit guilty-plea plea-withdrawal rehaif-standard rehaif-v-united-states statutory-interpretation structural-error Whether a defendant's guilty plea to a violation of 18 U.S.C. §922(g) is reversible error per se where the plea was neither knowing nor voluntary due …
20-5812 Jason Andrew Dunlap v. United States Ninth Circuit 2020-09-25 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure defendant-responsibility federal-sentencing guilty-plea offense-level plea-bargaining sentencing-guidelines Whether the sentencing Guidelines limit the maximum offense level to 43, so that, there is a reduction when a defendant accepts responsibility by ente…
20-5796 Isaac Thomas v. United States Eleventh Circuit 2020-09-24 Denied Relisted (3)IFP 922(g)(1) 922(q)(2)(A) commerce-clause due-process guilty-plea rehaif-v-united-states Whether a defendant's guilty plea entered before Rehaif v. United States constitutes a due-process-violation
20-5760 Daniel Carl Frederickson v. California California 2020-09-21 Denied IFP capital-case constitutional-rights defense-counsel faretta-v-california guilty-plea mccoy-v-louisiana plea-of-guilty self-representation sixth-amendment Does a state statute that requires the consent of defense counsel before a defendant in a capital case can enter a plea of guilty violate the Sixth Am…
20-5746 Brandon Thomas Finnesy v. United States Tenth Circuit 2020-09-17 Denied IFP 28-usc-636 consent-jurisdiction criminal-procedure federal-courts federal-criminal-procedure guilty-plea judicial-consent magistrate-judge statutory-interpretation Whether 28 U.S.C. § 636(b)(3) authorizes a federal magistrate judge to accept a guilty plea with the parties' consent?
20-5719 Efrain Camarill Cruz v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2020-09-16 Denied Response WaivedIFP certificate-of-appealability double-jeopardy federal-jurisdiction guilty-plea habeas habeas-corpus ineffective-assistance mental-illness plea-bargaining Whether the court of appeals improperly denied the Petitioner a certificate of appealability
20-5691 In Re Freeman Berry 2020-09-14 Denied IFP constitutional-violation criminal-procedure due-process guilty-plea indictment jurisdiction jurisdictional-authority plea-agreement Does the United States Government retain the inherent right to bind this Petitioner and other Defendants to a guilty plea contract it drafted containi…
20-5666 Cristian Mendoza v. United States Fifth Circuit 2020-09-11 Denied Response WaivedIFP acceptance-of-responsibility advisory-sentencing criminal-procedure due-process guilty-plea plea-agreement sentencing-guidelines sentencing-range Whether a defendant who enters a guilty plea pursuant to a plea agreement that includes a purported inducement that he will receive an acceptance of r…
20-5577 Malik Timbers v. United States Eleventh Circuit 2020-09-02 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process guilty-plea minor-role-reduction plea-bargaining sentence-appeal-waiver sentencing sentencing-guidelines violence-enhancement weapon-enhancement Whether the guilty plea was voluntary and the sentence-appeal waiver enforceable
20-5499 Savannah Rolle v. United States Eleventh Circuit 2020-08-26 Denied Relisted (3)IFP criminal-procedure due-process essential-elements guilty-plea plea-bargaining rehaif-precedent rehaif-v-united-states vacatur Whether a defendant's guilty plea entered before Rehaif v. United States, 139 S. Ct. 2191 (2020), in which the defendant was not advised of the essent…
20-5489 Rodney Lavalais v. United States Fifth Circuit 2020-08-25 Denied Relisted (3)IFP 2k2.1(b)(4)(a) appellate-review due-process guilty-plea plain-error-review plea-voluntariness prejudice sentencing-guidelines stolen structural-error When a defendant's plea was not knowingly and intelligently made, is automatic reversal required?
20-5473 Andres Chavez v. United States Fifth Circuit 2020-08-24 Denied Response WaivedIFP criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing Whether Chavez was denied due process when he was misled into entering a guilty plea
20-5427 Josiah Daniel Porter v. Illinois Illinois 2020-08-20 Denied Response WaivedIFP criminal-procedure due-process effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel judicial-cure plea-bargaining plea-stage sixth-amendment Whether a but-for causal relationship between the defendant's guilty plea and his counsel's deficiency is nullified by judicial plea admonitions
20-5404 Jermaine Isaac Ross v. United States Eleventh Circuit 2020-08-19 Denied Relisted (3)IFP armed-career-criminal-act criminal-procedure due-process guilty-plea non-elemental-facts prior-offenses rehaif-v-united-states sentencing-enhancement serious-drug-offense whether-federal-court-may-increase-sentence-under-acca
20-171 Isaac L. Hobbs v. United States Sixth Circuit 2020-08-17 Denied Relisted (3) 18-usc-922 constitutional-violation criminal-procedure due-process guilty-plea knowledge-of-status statutory-interpretation structural-error Does a constitutionally invalid guilty plea resulting from the government's failure to inform a defendant of the knowledge-of-status element of 18 U.S…
20-120 Alfredo Juarez v. Colorado Colorado 2020-08-04 Denied Response RequestedResponse WaivedRelisted (2) criminal-procedure deportation effective-assistance-of-counsel guilty-plea immigration immigration-consequences padilla-standard padilla-v-kentucky sixth-amendment When there is no dispute that a guilty plea will trigger mandatory deportation pursuant to federal law, must defense counsel advise a defendant that t…
20-5218 Daniel Page v. Renee Baker, Warden, et al. Ninth Circuit 2020-07-30 Denied Response WaivedIFP certificate-of-appealability criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel medical-condition ninth-circuit plea-bargaining pre-sentence-motion trial-counsel Whether the trial court should have granted Mr. Page's pre-sentence motion to withdraw his guilty plea
20-5105 David Scott Temple v. Darrel Vannoy, Warden Fifth Circuit 2020-07-17 Denied Response WaivedIFP constitutional-rights due-process effective-assistance-of-counsel fourteenth-amendment guilty-plea louisiana-constitution plea-bargaining sixth-amendment standard-of-review strickland-standard strickland-v-washington Was Mr. Temple denied effective assistance of counsel?
20-5042 Julian Silva-Aguilar v. United States Ninth Circuit 2020-07-13 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process factual-basis guilty-plea ninth-circuit plea-agreement plea-bargaining supreme-court-precedent Whether the Ninth Circuit's decision is inconsistent with McCarthy v. United States
20-5015 James Latron Sumter v. United States Fourth Circuit 2020-07-09 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing cruel-and-unusual-punishment eighth-amendment first-step-act guilty-plea mandatory-minimum plea-bargaining sentencing Whether the appellate court erred in affirming the district court's ruling not allowing Sumter to withdraw his guilty plea
19-1457 Matthew Hudak v. Illinois Illinois 2020-07-06 Denied brady-obligations due-process exculpatory-evidence exculpatory-material guilty-plea impeachment-evidence prosecutorial-misconduct Whether the prosecution's Brady obligations allow the prosecution to deliberately suppress relevant impeachment or exculpatory material before a guilt…
19-8816 Willie Edward Blackshire v. United States Eleventh Circuit 2020-06-25 Denied Relisted (3)IFP circuit-split constitutional-validity due-process guilty-plea henderson-v-morgan rehaif-standard rehaif-v-united-states structural-error Whether a guilty plea is structural error?
19-8730 Westley Kennedy v. United States Eleventh Circuit 2020-06-17 Denied Response WaivedIFP 6th-amendment adversarial-process conflict-of-interest guilty-plea right-to-counsel sixth-amendment structural-error Did the denial of Westley Kennedy's right to conflict-free counsel constitute a structural error or a breakdown of the adversarial process that requir…
19-8649 Angelo Johnson v. United States Eighth Circuit 2020-06-13 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process guidelines guilty-plea plea-bargaining sentencing sentencing-guidelines u-s-sentencing-commission Should a defendant be denied a three-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1 when the defendant enters a timely guilty…
19-8635 Kenneth Brown v. Kentucky Kentucky 2020-06-08 Denied Response RequestedRelisted (2)IFP constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sixth-amendment strickland-v-washington Should a court be allowed to deny the withdrawal of a defendant's guilty plea when it is clear the plea was not entered voluntarily and with an unders…
19-8593 Damon Christopher Crim v. Ohio Ohio 2020-06-03 Denied Response WaivedIFP criminal-procedure effective-assistance-of-counsel fourteenth-amendment guilty-plea ineffective-assistance misunderstanding plea-bargain sixth-amendment When a criminal defendant misunderstands a key element of a plea bargain, is his guilty plea void?
19-8579 Jonathan Frank Davis v. United States Ninth Circuit 2020-06-01 Denied Response WaivedIFP appeal-waiver constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea plea-bargaining voluntary-plea Does an appeal waiver clause bar a criminal defendant from later appealing their conviction on the ground that the guilty plea was not knowing and vol…
19-8553 Devian Phillips v. Ohio Ohio 2020-05-28 Denied IFP constitutional-rights constitutional-validity contract-law criminal-procedure due-process government-misconduct guilty-plea plea-bargaining plea-inducement prosecutorial-promise Whether a guilty plea is voluntarily and intelligently made when it rests on a promise or agreement of the prosecutor that cannot be fulfilled
19-8274 Tracy Anthony Scott v. United States Eleventh Circuit 2020-04-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea mens-rea plea-bargaining rehaif-v-united-states sixth-amendment Does the Constitution require that the accused know the elements of a crime in order to validly plead guilty?
19-8098 Juan Carlos Rodriguez v. United States Ninth Circuit 2020-03-24 Denied Response WaivedIFP concurrent-sentences due-process evidentiary-hearing guilty-plea ineffective-assistance motion-to-vacate plea-bargaining sentencing sentencing-consequences Was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea?
19-7985 Charles Ray Hooper v. United States Fifth Circuit 2020-03-16 Denied Response WaivedIFP brady-v-maryland brady-v-united-states brady-violation certificate-of-appealability criminal-procedure due-process federal-courts government-misconduct guilty-plea plea-bargaining procedural-bar prosecutorial-misconduct Must a defendant continue to challenge a procedural bar ruling after being granted a Certificate of Appealability?
19-7991 Oscar Garcia v. United States Tenth Circuit 2020-03-16 Denied IFP article-iii-judge constitutional-rights criminal-procedure due-process federal-magistrates-act guilty-plea magistrate-judge rule-11 Whether a magistrate judge can fully and finally accept a felony guilty plea with the defendant's consent
19-7840 Victor Dewayne Jones v. Joe Errington Fifth Circuit 2020-03-02 Denied Response WaivedIFP civil-rights competency-hearing criminal-procedure due-process guilty-plea ineffective-assistance judicial-review mental-competency mental-evaluation post-conviction psychiatric-evaluation public-defender sentencing sentencing-petition trial-counsel Whether Petitioner was denied his right to due process of law
19-1068 Keith Inchierchiere v. Florida Department of Corrections, et al. Eleventh Circuit 2020-02-28 Denied Response Waived attorney-misconduct criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel public-defender retained-attorney sentencing-exposure seventy-year-term trial-rights Does a defendant receive ineffective assistance of counsel where his retained attorney fails to appear on the first day of trial, and, after receiving…
19-7823 Seth A. Weaver v. Illinois Illinois 2020-02-28 Denied Response WaivedIFP 5th-amendment 6th-amendment conviction due-process guilty-plea illinois-law ineffective-assistance ineffective-assistance-of-counsel plea-bargaining post-conviction-petition sixth-amendment unknowing-and-involuntary-plea Does Illinois ignorance-of-the-law theory deny successive-post-conviction-petitioners relief-from-constitutionally-unsound-guilty-pleas?
19-1050 Kyle Brooks v. Colorado Colorado 2020-02-24 Denied Response Waived allocution criminal-procedure due-process essential-element guilty-plea ineffective-assistance-of-counsel judicial-error plea-bargaining voluntary-plea Was the plea valid?
19-1052 Andre G. Dewberry v. United States Eighth Circuit 2020-02-24 Denied appeal appellate-review criminal-procedure guilty-plea self-representation sixth-amendment waiver Whether a guilty plea waives a challenge on appeal to the denial of a defendant's Sixth Amendment right to represent himself
19-997 Gary S. Williky v. Securities and Exchange Commission Seventh Circuit 2020-02-10 Denied Response RequestedResponse WaivedRelisted (2) appellate-review circuit-court civil-penalties discretion guilty-plea guilty-pleas guilty-verdicts judicial-discretion seventh-circuit whistleblower Did the Seventh Circuit Court of Appeals err in determining that the Trial Court did not abuse its discretion by awarding 2x civil penalties against W…
19-7575 Rashaun Scott Carter v. United States Fourth Circuit 2020-02-05 Denied Response WaivedIFP appellate-review appellate-waiver controlled-substance controlled-substances criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining presentence-investigation sentencing Does an appellate waiver bar an appeal based upon a flawed, prejudicial presentence investigation report performed between the trial court's acceptanc…
19-7398 Andrew James Gibbons v. Nate Knutson, Warden Eighth Circuit 2020-01-24 Denied IFP guilty-plea habeas-corpus habeas-review ineffective-assistance ineffective-assistance-of-counsel knaffla-bar mental-illness mental-illness-defense Opsahi-rule procedural-default Spears-rule state-procedural-rule Is petitioner (Gibbons) procedurally defaulted on his claim of ineffective assistance of counsel for failure to investigate a mental illness defense?
19-7194 Juan Carlos Vazquez v. South Carolina South Carolina 2020-01-07 Denied Response WaivedIFP constitutional-rights due-process fourteenth-amendment guilty-plea language-barrier sixth-amendment voluntary-plea Does the evidence in the record that petitioner does not understand English plainly show that any admission at the guilty plea hearing could not relia…
19-7161 Aaron Michael Murray v. United States Eleventh Circuit 2020-01-03 Denied Response WaivedIFP burden-of-proof constitutional-protections criminal-procedure federal-rules federal-rules-of-criminal-procedure guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-bargaining plea-colloquy sentencing withdrawal-of-plea Whether third-party affidavits filed with a motion to withdraw a guilty plea before sentencing, claiming ineffective assistance of counsel, overcomes …
19-7146 David Rapoport v. Robert Gilmore, Superintendent, State Correctional Institution at Greene, et al. Third Circuit 2020-01-02 Denied Response WaivedIFP appeal-waiver criminal-procedure criminal-procedure-ineffective-assistance-of-couns death-penalty due-process guilty-plea ineffective-assistance life-without-parole plea-bargaining sentencing waiver-of-appeal-rights Was the petitioner's counsel ineffective in pre-trial stages?
19-7011 Carl Golden v. United States Eleventh Circuit 2019-12-19 Denied IFP constitutional-rights criminal-intent criminal-procedure due-process guilty-plea intent knowledge-of-elements mens-rea plea-bargaining rehaif-v-united-states Does the Constitution require that the accused know the elements of a crime in order to validly plead guilty?
19-6951 Ruben S. Ramirez v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-12-18 Denied IFP 28-U.S.C-2244(d)(1)(D) coerced-plea coercion collateral-review federal-courts guilty-plea habeas habeas-corpus ineffective-assistance-of-counsel newly-discovered-evidence statutory-interpretation Whether the lower federal courts erred in determining that newly available evidence, in the form of affidavit of co-defendant's attorney, did not meet…
19-6984 Mark A. Perez v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township, et al. Third Circuit 2019-12-18 Denied IFP certificate-of-appealability federal-habeas-corpus guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception post-conviction-relief procedural-default Does Martinez v. Ryan excuse a procedural default in Federal Habeas Corpus proceedings?
19-746 Oliver Ray Carbutt v. Colorado Colorado 2019-12-11 Denied Response Waived criminal-procedure due-process fourteenth-amendment guilty-plea plea-bargaining presentence-investigation self-incrimination sentencing sex-offense sex-offenses When a court is required to advise a defendant of the privilege against self-incrimination during a presentence investigation for a sex offense?
19-6899 Jose Luis Meza-Lopez v. United States Eighth Circuit 2019-12-10 Denied Response WaivedIFP concealment constitutional-rights criminal-law criminal-procedure cuellar-v-united-states due-process guilty-plea ineffective-assistance-of-counsel ineffective-counsel money-laundering transportation Does the Court's holding in Cuellar v. United States require more than a finding of concealing something for transportation to show money laundering?
19-6717 Jess Lee Green v. Mississippi Mississippi 2019-11-22 Denied Response WaivedIFP constitutional-right constitutional-rights criminal-procedure due-process fundamental-rights guilty-plea plea-bargaining plea-proceedings trial trial-procedure trial-rights Is the right to due process of trial and/or during guilty plea process a fundamental constitutional right?
19-6665 Wesley Harlan Kingsbury v. United States Ninth Circuit 2019-11-18 Denied Response WaivedIFP criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-coercion section-2255 voluntariness Was the petitioner entitled to an evidentiary hearing on his motion to vacate his plea?
19-6576 James Marvin Reed v. United States Eighth Circuit 2019-11-12 Denied Response WaivedIFP blackledge-v-perry circuit-court-review district-court district-court-power eighth-circuit guilty-plea jurisdictional-challenge penson-review subject-matter-jurisdiction united-states-v-cotton waiver Whether the Eighth Circuit erred in ruling that the defendant waived his jurisdictional challenge by pleading guilty, despite the well-settled princip…
19-6560 Matthew Joseph Lucio v. United States Fifth Circuit 2019-11-08 Denied Response WaivedIFP consideration contract-law criminal-procedure due-process fifth-amendment guilty-plea habeas-corpus plea-agreement united-states-court-of-appeals Whether Mr. Lucio's plea agreement which extracted his guilty plea lacks consideration, and if so, whether his guilty plea violates the Fifth Amendmen…
19-6551 Neil Timothy Aho v. United States Eleventh Circuit 2019-11-07 Denied Response WaivedIFP appellate-review criminal-procedure discovery guilty-plea ineffective-assistance-of-counsel obstruction-of-justice plea-bargaining plea-withdrawal sentencing-guidelines withdrawal-of-plea Whether the appellate court erred in not finding that the district court abused its discretion by denying Petitioner's motion to withdraw his guilty p…
19-6525 Sean Trent Barnes v. United States Fourth Circuit 2019-11-06 Denied Response WaivedIFP abuse-of-discretion competency competency-hearing criminal-procedure due-process guilty-plea plain-error-review plea-bargaining pro-se-representation self-representation sentencing sentencing-enhancement Whether Mr. Sean Trent Barnes' decision to waive counsel and represent himself was made voluntarily, knowingly, and intelligently
19-6471 Diego Alonso Lozano-Perez v. United States Ninth Circuit 2019-11-01 Denied Response WaivedIFP constitutional-determination constitutional-law constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standing voluntariness voluntary-plea Whether the Court made the Constitutionally required determination that the guilty plea was truly voluntary
19-6445 Lewellyn Charles Cox, IV, aka Sho, aka Showtime, aka Showtyme v. United States Ninth Circuit 2019-10-30 Denied Response WaivedIFP 6th-amendment due-process fifth-amendment guilty-plea harmless-error harmless-error-analysis ineffective-assistance right-to-self-representation self-representation self-representation-at-sentencing sentencing structural-error Whether denial of a right to self-representation during sentencing is subject to harmless error analysis or structural error
19-6346 Paul Malone v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-10-22 Denied IFP 14th-amendment aedpa aedpa-deference attorney-perjury due-process guilty-plea ineffective-assistance-of-counsel mental-disorders perjury plea-voluntariness strickland-v-washington trial-attorney-perjury Does deference provided from AEDPA and Strickland v Washington apply when there is evidence of trial attorney perjury before the court?
19-5995 Jason L. Clark v. United States Eighth Circuit 2019-09-18 Denied Response RequestedResponse WaivedRelisted (2)IFP civil-rights collateral-attack constitutional-challenge constitutional-law constitutional-violation criminal-procedure due-process guilty-plea judicial-review plea-bargaining statute-of-conviction Does a guilty plea bar a criminal defendant from later collateral attack on his conviction on the ground that the statute of conviction violates the c…
19-5965 Robert Jessie Hill v. Washington Washington 2019-09-17 Denied IFP civil-rights collateral-consequences constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense plea-bargaining plea-negotiations sentencing Whether a defendant who pleaded guilty to a charge should be denied collateral consequences to be told at the time of sentencing, resulting in a subst…
19-5949 Marcelino Martinez v. United States Fifth Circuit 2019-09-16 Denied IFP criminal-procedure criminal-procedure-rule-11 district-court federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining plea-negotiations rule-11 substantial-rights when-district-court-violates-rule-11(c)(1)-of-federal-rules-of-criminal-procedure
19-5842 William Sim Spencer v. Michigan Michigan 2019-09-06 Denied Response WaivedIFP actus-reus counsel-effectiveness due-process fourteenth-amendment guilty-plea ineffective-assistance-of-counsel irrebuttable-presumption sex-offender-registration sixth-amendment statute-of-limitations Where it can be shown that the order to register as a sex offender is not limited in scope to stand on a valid guilty plea supported by the effective …
19-5830 William H. Danielson v. New York New York 2019-09-05 Denied Response WaivedIFP appeal-waiver civil-rights criminal-procedure due-process guilty-plea judicial-misconduct prosecutorial-misconduct regulatory-authority standing waiver-of-appeal Should judicial misconduct survive a waiver of appeal and guilty plea?
19-5767 Virgil Lee Bailey v. United States Fifth Circuit 2019-08-30 Denied Response WaivedIFP appellate-review criminal-procedure due-process factual-basis guilty-plea harmless-error judicial-standard plain-error plain-error-review plea-bargaining plea-sufficiency sullivan-v-louisiana Whether the sufficiency of a factual basis for a defendant's plea should be subject to plain error review
19-5656 Armando J. Mena v. Rosemary Ndoh, Warden Ninth Circuit 2019-08-21 Denied Response WaivedIFP constitutional-rights due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-colloquy presumption presumption-of-regularity silent-record standard-of-review Whether the Ninth Circuit misapplied Henderson v. Morgan, 426 U.S. 637 (1976), in concluding that a state court could reasonably presume from a silent…
19-5572 Rickie Markiece Atkinson v. United States Fourth Circuit 2019-08-13 GVR IFP 18-usc-922g armed-career-criminal-act breaking-and-entering burglary categorical-approach circuit-precedent fourth-amendment guilty-plea north-carolina-breaking-or-entering rehaif-standard rehaif-v-united-states statutory-interpretation Whether North Carolina breaking or entering is categorically broader than the enumerated offense of burglary in the Armed Career Criminal Act
19-5581 William Henry Stephens, Jr. v. United States Fourth Circuit 2019-08-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process guilty-plea judicial-discretion knowing-and-intelligent plea-bargaining right-to-counsel right-to-jury-trial voluntariness Whether a Court can Rightfully Accept a Defendant's Guilty Plea when Such Plea was Not Made Knowingly and Intelligently
19-5413 John Thomas Rooney v. Georgia Georgia 2019-08-01 Denied Relisted (2)IFP appeal civil-rights constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus jurisdiction plea-bargaining sentencing sentencing-enhancement statutory-jurisdiction unconstitutional unconstitutional-conviction Can convictions and sentences imposed by a State Trial Court without Constitutional or statutory subject-matter jurisdiction be used to enhance a 24-y…
19-5387 Shevaun E. Browne v. United States Third Circuit 2019-07-29 Denied Response WaivedIFP cautionary-instruction criminal-procedure evidence guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions plea-bargaining sixth-amendment third-circuit trial-counsel Whether certiorari review should be granted where the Third Circuit affirmed the district court's ruling that trial counsel was not ineffective for fa…
19-5289 Pharoah Brazell v. Louisiana Louisiana 2019-07-23 Denied Response WaivedIFP constitutional-violation criminal-procedure criminal-sentencing due-process evidence forged-guilty-plea guilty-plea habitual-offender miranda-rights plea-bargaining right-to-attorney-during-questioning right-to-counsel right-to-remain-silent sentence-enhancement sentencing Can the State use a forged Guilty Plea form from a Florida predicate offense and used it to enhance his sentence as a Habitual Offender?
19-5216 Nicholas Pagliuca v. United States Second Circuit 2019-07-17 Denied Response WaivedIFP appeal-waiver circuit-split criminal-procedure federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 vonn-v-united-states Whether the plain error standard of Vonn/Dominguez Benitez applies in the context of violations of Fed.R.Crim.P. 11(b)(1)(N), where the defendant rais…
19-5131 Steven L. Rackley v. Brigham Sloan, Warden Sixth Circuit 2019-07-10 Denied Response WaivedIFP actual-innocence constitutional-rights dismissal due-process fifth-amendment fourth-amendment guilty-plea habeas-corpus ineffective-assistance-of-counsel ineffective-counsel involuntary-manslaughter notice post-indictment-delay probable-cause sixth-amendment statute-of-limitations statute-of-limitations
18-9845 Bradley Joseph Vanzant v. Keith Yordy, Warden Ninth Circuit 2019-06-27 Denied Response WaivedIFP 6th-amendment constitutional-violations criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prosecutorial-misconduct structural-error Did petitioner make an involuntarily unknown and unintelligent plea through ineffective assistance of counsel and violations of his 6th Amendment righ…
18-9783 Nasser Ghelichkhani v. United States Eleventh Circuit 2019-06-25 Denied Response WaivedRelisted (2)IFP constitutional-validity coram-nobis criminal-procedure double-jeopardy due-process fundamental-error fundamental-rights guilty-plea immigration immigration-consequences plea-bargaining Whether a conviction, with tremendous adverse consequences, is constitutionally valid, when it is obtained through a plea (that does not waive appeali…
18-9748 George Hernandez v. United States Ninth Circuit 2019-06-20 Denied Response WaivedIFP confidential-informant criminal-procedure discovery due-process fair-trial guilty-plea informant plea-bargaining plea-withdrawal sentencing-disclosure withdrawal-of-plea Does the 'fair and just reason' standard for withdrawal of a guilty plea properly encompass the post-plea, pre-sentence acquisition of information abo…
18A1333 Alfredo Beltran Leyva v. United States District of Columbia 2019-06-19 Presumed Complete criminal-procedure drug-trafficking evidence-sufficiency guilty-plea plea-withdrawal sentencing Whether a district court may deny a criminal defendant's motion to withdraw a guilty plea after the defendant seeks to proceed to trial and challenges…
18-9642 Jeffrey Benton v. United States Second Circuit 2019-06-12 Denied Response WaivedIFP appeal class-v-united-states criminal-procedure direct-appeal double-jeopardy face-of-the-record guilty-plea indictment united-states-v-broce waiver-of-rights Whether a defendant who enters an unconditional guilty plea and waives appeal can raise a double-jeopardy argument on direct appeal
18-9572 William Paul Cox, Jr. v. United States Ninth Circuit 2019-06-06 Denied Response WaivedIFP 18-usc-922(g)(1) 18-usc-922g county-jail criminal-evidence criminal-procedure felon-in-possession guilty-plea jail-phone-calls stored-communications-act suppression-of-evidence suppression-of-phone-calls Whether petitioner had an enforceable claim under the Stored Communications Act
18-1494 Michael Steven Beeman v. United States Fourth Circuit 2019-05-31 Denied Response Waived counsel-performance criminal-procedure fourth-amendment guilty-plea ineffective-assistance ineffective-assistance-of-counsel motion-to-suppress plea-bargaining pre-trial-motion pre-trial-motions prejudice reasonable-counsel reasonable-performance Whether jurists of reason could debate that a district court must evaluate the merits of a potential motion to suppress where the defendant pled guilt…
18-1499 Umesh Kaushal v. Indiana Indiana 2019-05-31 Denied Response WaivedRelisted (2) due-process fourteenth-amendment guilty-plea immigration-consequences jury-trial plea-bargaining reasonable-probability resident-alien sixth-amendment When a resident alien pleads guilty to a crime while ignorant of the immigration consequences, then demands a trial before sentencing, does his demand…
18-9304 Abel De Leon v. United States Fifth Circuit 2019-05-16 Denied Response WaivedIFP criminal-procedure federal-rule federal-rules-of-criminal-procedure guilty-plea pre-acceptance right-to-withdraw rule-11 withdrawal Whether a formal motion to withdraw a guilty plea is required to invoke the protections of Federal Rule of Criminal Procedure 11(d)(1)
18-9255 Santosh Ram v. United States Eighth Circuit 2019-05-14 Rehearing Response WaivedRelisted (2)IFP criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea mental-competency mental-disease-defect plea-agreement plea-bargaining search-and-seizure sentencing sentencing-guidelines Whether there was violation of due process of law by the failure of the trial court to order the mental competency evaluation and/or conduct mental co…
18-9206 Mitchell Felix Brooks v. United States Fourth Circuit 2019-05-08 Denied Response WaivedIFP civil-procedure criminal-law criminal-procedure district-court-discretion due-process federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-compliance rule-11 sentencing supervisory-powers supervisory-powers-of-lower-courts Whether the District Court Judge abused its discretion in violation pursuant to Rule 11
18-9147 Donald G. Flint v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-06 Denied Relisted (2)IFP 5th-amendment 6th-amendment boykin-admonishments constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea judicial-precedent sixth-amendment supreme-court-precedent Was the federal district court's finding and the Fifth Circuit Court's finding contrary to the precedent of the Supreme Court, as well as a violation …
18-9108 Milton Mitchell v. Glen Johnson, Warden Eleventh Circuit 2019-05-03 Denied IFP appellate-procedure constitutional-rights criminal-procedure due-process due-process-of-law equal-protection equal-protection-of-law grand-jury guilty-plea habeas-corpus indictments ineffective-assistance Whether the lower courts erred in failing to order the respondent to show cause and provide indictments, trial transcripts, habeas corpus, and all pro…
18-9133 Abdul Karim Bangura v. United States Fourth Circuit 2019-05-03 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fourth-circuit-review guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel obstruction-of-justice right-to-counsel sentencing-enhancement withdrawal Whether the district court erred in denying the defendant's motion to withdraw his guilty plea
18-9004 Vaughn S. Archer v. Daniel Paramo, Warden Ninth Circuit 2019-04-29 Denied Response WaivedIFP boykin-advisement criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-trial sentencing sentencing-reduction statutory-interpretation statutory-reduction trial-court-advisement Whether Archer knowingly and voluntarily entered into a guilty plea where the trial court failed to advise him as to the potential application of a st…
18-9020 Michael Marshall v. United States Fourth Circuit 2019-04-26 Denied Response WaivedIFP appeals appellate-review criminal-procedure due-process federal-appeal federal-courts federal-jurisdiction fourth-circuit guilty-plea jurisdictional-grounds plea-bargaining sentencing Whether the writ should issue so that this Court may decide whether Petitioner's guilty plea was valid
18-8963 Jose Cobian v. Illinois Illinois 2019-04-24 Denied Response WaivedIFP 730-ilcs-5-5-9-1-1 apprendi constitutional-challenge criminal-fines due-process guilty-plea sentencing southern-union-co-v-united-states standing statutory-interpretation supreme-court-precedent Whether the U.S. Supreme Court's holding in Southern Union Co. v. United States has clarified that criminal fines are subject to the rule announced in…
18-8969 Ronald Lunsford, Jr. v. Indiana Indiana 2019-04-23 Denied IFP criminal-procedure double-jeopardy effective-assistance-of-counsel fourteenth-amendment guilty-plea indiana-constitution ineffective-assistance-of-counsel motion-to-dismiss sixth-amendment Whether the State of Indiana erred in denying Appellant was deprived of effective assistance of counsel in violation of the Sixth and Fourteenth Amend…
18-8912 Cirilo Flores v. United States Third Circuit 2019-04-22 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-procedure-plea-bargaining due-process guilty-plea hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel plea-agreement prejudice strickland-v-washington voluntary-and-intelligent-choice voluntary-plea Whether the guilty plea entered was legal when the petitioner did not fully understand, know or intelligently accept the voluntary guilty plea agreeme…
18-8828 Dante Overby v. Pennsylvania Pennsylvania 2019-04-15 Denied Response WaivedIFP constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel overreach plea-bargaining speedy-trial Does the guilty plea induced by an 'illusory promise' violate the 6th Amendment?
18-8816 Charles Ray Hooper v. United States Fifth Circuit 2019-04-12 Denied Response WaivedIFP 28-usc-2253 brady-violation certificate-of-appealability circuit-precedent due-process guilty-plea habeas-corpus merits-adjudication miller-el voluntariness Where an appellate court decides that circuit precedent precludes the use of a Brady violation to challenge the voluntariness of a guilty plea, does t…
18-8741 Francisco Frank Apodaca, Jr. v. United States Fifth Circuit 2019-04-09 Denied Response WaivedIFP association-in-fact corporation enterprise enterprise-definition guilty-plea individuals ineffective-assistance legal-entity rico rico-statute sentencing-error statutory-interpretation union Can a corporation or other legal entity be associated in fact with a union or one or more individuals under the 'enterprise' definition of the RICO st…
18-8677 Patrick Lloyd v. United States Second Circuit 2019-04-02 Denied IFP circuit-split criminal-procedure due-process guilty-plea harmless-error plea-bargaining rule-11 standing united-states-v-dominguez-benitez Whether Dominguez Benitez's harmless error rule applies to Rule 11(b)(1)(G)'s requirement that before a guilty plea can be accepted the district court…
18-8641 Willie Houston, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-04-01 Denied IFP constitutional-rights guilty-plea ineffective-assistance ineffective-assistance-of-counsel objective-record plea-bargaining postconviction-proceedings probation probation-eligibility record-of-trial trial-record unintelligent-waiver waiver-of-rights Whether the court must give greater weight to the objective record of trial over counsel's affidavit in an ineffective assistance of counsel claim
18-8649 Bradley Cobbler, aka B-Rad v. United States District of Columbia 2019-04-01 Denied Response WaivedIFP abuse-of-discretion criminal-procedure district-court due-process guilty-plea ineffective-assistance-of-counsel judicial-discretion motion-to-withdraw plea-bargaining plea-withdrawal sentencing withdrawal-of-plea Whether the District Court erred by partially denying Mr. Cobbler's Amended Motion to Withdraw Plea of Guilty?
18-8501 Mohammed Bah v. United States Eleventh Circuit 2019-03-21 Denied Response WaivedIFP constitutional-law deportation-consequences guilty-plea immigrant-rights immigration ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states prejudice Does an analysis of prejudice in the context of ineffective assistance of counsel involving the guilty plea of an immigrant result in an unreasonable …
18-8473 Eric Laquinne Brown, aka Eric L. Brown, aka Eric Brown v. Mississippi Mississippi 2019-03-19 Denied Response WaivedIFP civil-rights competency competency-hearing constitutional-rights criminal-procedure due-process guilty-plea mental-competency mental-evaluation mental-health mississippi-uniform-rule-9.06 plea-bargaining procedural-bars procedural-due-process standing Did Brown have a Constitutional right to have a competency hearing before he plead guilty?
18-8378 Garron T. Briggs v. United States Eighth Circuit 2019-03-11 Denied Response WaivedIFP acquittal constitutional-rights criminal-procedure due-process guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-proceeding plea-bargaining prejudice prejudice-prong reasonable-probability right-to-trial strickland-v-washington Whether the district court's ruling, which implies that when a petitioner successfully proves that his counsel was ineffective, that petitioner must t…
18-8176 Anthony James Brightwell, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2019-02-28 Denied IFP constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-error sixth-amendment Was the petitioner's guilty plea knowingly and intelligently made?
18-8198 Brandon Lisi v. United States Second Circuit 2019-02-28 Denied Response WaivedIFP appellate-review appellate-waiver conflict-of-interest criminal-procedure curcio-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-withdrawal sentencing sentencing-challenge whether-petitioner's-guilty-plea-was-involuntary
18-8168 Billy Long v. Pennsylvania Pennsylvania 2019-02-27 Denied Response WaivedIFP due-process evidentiary-hearing guilty-plea habeas-corpus hearing-requirement ineffective-assistance-of-counsel material-fact plea-bargaining plea-withdrawal post-conviction-relief procedural-error withdrawal-of-plea Whether the lower court erred in dismissing the petitioner's amended PCRA petition without a hearing
18-8063 Shaun Mark Lawler v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-02-25 Denied IFP aggravated-assault constitutional-challenge criminal-law criminal-sentencing deadly-weapon due-process equal-protection family-violence guilty-plea heat-of-passion ineffective-assistance-of-counsel ineffective-counsel murder sentencing statutory-punishment Is it unconstitutional for the Texas Legislature to authorize a greater punishment range and maximum punishment for aggravated assault - family violen…
18-8024 Alex Rodriguez v. New Jersey New Jersey 2019-02-19 Denied Relisted (3)IFP constitutional-rights counsel-representation criminal-procedure due-process effective-assistance evidentiary-hearing guilty-plea new-jersey-constitution plea-bargaining pre-trial-preparation pretrial-preparation right-to-counsel sexual-offense sixth-amendment Was the defendant denied the right to effective assistance of trial counsel?
18-7958 John Lohmeier v. United States Seventh Circuit 2019-02-14 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining statute-of-limitations strickland-standard strickland-v-washington Was Petitioner's plea of guilty knowingly and voluntarily entered?
18-7947 Tyrone Garden v. Massachusetts Massachusetts 2019-02-13 Denied Response WaivedIFP constitutional-right criminal-procedure dispositive-motion effective-assistance-of-counsel guilty-plea ineffective-assistance-of-counsel plea-bargaining pretrial-motion pretrial-motions sixth-amendment strickland-standard strickland-v-washington Where trial counsel failed to update his research on a dispositive pretrial motion to dismiss before the defendant pleaded guilty, did Garden have the…
18-7900 Jorge Ernesto Blanco-Rodriguez v. United States Fifth Circuit 2019-02-11 Denied Response WaivedIFP criminal-procedure direct-appeal guilty-plea immigration-consequences ineffective-assistance ineffective-assistance-of-counsel non-citizen-defendant padilla-v-kentucky plea-bargaining plea-colloquy supervisory-power Whether a trial court commits error when it takes a guilty plea from a criminal defendant when the trial court is on specific notice that defense coun…
18-7901 Darrius DaJuan Cohee v. James Yates, Warden Tenth Circuit 2019-02-11 Denied IFP abuse-of-discretion conflict-of-interest constitutional-rights due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief right-to-appeal Was Petitioner's Counsel Ineffective For Failing To File Petitioner's Motion To Withdraw Guilty Plea
18-7616 Rodrigo Tovar Pupo v. United States District of Columbia 2019-02-01 Denied Response WaivedIFP appeal constitutional-issue constitutional-issues criminal-appeal criminal-procedure criminal-procedure-appeal district-court due-process guilty-plea ineffective-assistance-of-counsel offense-enhancement plea-bargaining sentencing-enhancement sentencing-guidelines If Appeals Court erred by not considering the grounds raised by Appellant and denying his appeal disregarding the Constitutional issues raised by Appe…
18-7727 Gregory Hatt v. United States Fourth Circuit 2019-02-01 Denied Response WaivedIFP criminal-procedure due-process guilty-plea heroin-distribution ineffective-assistance ineffective-assistance-of-counsel medical-causation plea-bargaining sentencing sixth-amendment Whether failure to convey unbiased, complete, or correct information to a defendant during plea bargaining by defense counsel invalidates a guilty ple…
18-7662 Nolan Lewis v. United States Ninth Circuit 2019-01-30 Denied Response WaivedIFP abuse-of-discretion competency competency-evaluation criminal-procedure due-process guilty-plea judicial-discretion mental-competency ninth-circuit restitution restitution-hearing Whether the Ninth Circuit Court of Appeals applied the proper legal standard for determining whether the district court abused its discretion in faili…
18-7504 Raphael R. Hamilton v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections Tenth Circuit 2019-01-18 Denied IFP circuit-court-discretion coercion competency criminal-procedure defendant-rights due-process guilty-plea guilty-plea-withdrawal jurisdiction jurisdictional-issue right-to-withdraw standard-of-review statutory-interpretation Whether the Tenth Circuit Court of Appeals erred by not reversing the trial court's order denying petitioner his right to withdrawal of the guilty ple…
18-7439 Gregory M. Ward v. United States Fifth Circuit 2019-01-16 GVR Response RequestedResponse WaivedRelisted (3)IFP appeal-preservation appeal-rights due-process evidence-hearing evidentiary-hearing guilty-plea ineffective-assistance motion-to-suppress plea-bargaining sixth-amendment trial-counsel Ineffective-assistance-of-counsel
18-7150 Daniel Hostetler v. Kentucky Kentucky 2018-12-20 Denied Response WaivedIFP brady-violation brady-violation-suppression circuit-split constitutional-rights criminal-procedure due-process exculpatory-evidence guilty-plea plea-agreement prosecutorial-misconduct suppression Whether material exculpatory evidence is unconstitutionally suppressed when the defense is made aware its existence and its content, but is later inco…
18-7072 Kenneth Harper v. United States Second Circuit 2018-12-17 Denied Response WaivedIFP appellate-review criminal-procedure due-process guilty-plea harmless-error judicial-error plea-bargaining plea-colloquy rule-11 sentencing-guidelines Has United States v. Vonn, 535 U.S. 55 (2005), and its progeny stripped the Courts of Appeal of the ability to meaningfully supervise the plea colloqu…
18-7035 Eminiano A. Reodica v. United States Ninth Circuit 2018-12-14 Denied Response WaivedIFP criminal-procedure district-court evidentiary-hearing federal-rules-of-criminal-procedure guilty-plea motion-to-withdraw plea-withdrawal rule-11 Whether Federal Rule of Criminal Procedure 11(d) governing motions to withdraw a guilty plea establishes a liberal standard which precludes the distri…
18-6846 Luis A. Pena v. Maryland Maryland 2018-11-27 Denied Response WaivedIFP appellate-review brady-v-stumpf collateral-consequences coram-nobis due-process guilty-plea guilty-plea-validity ineffective-assistance-of-counsel judicial-discretion plea-hearing plea-record sentencing voluntariness Whether the Maryland appellate courts erred or abused their discretion
18-6772 Donovan Grant v. United States First Circuit 2018-11-21 Denied IFP appeals appeals-court appellate-review conviction criminal-conviction criminal-procedure due-process financial-transaction guilty-plea money-laundering plain-error plain-error-doctrine specified-unlawful-activity trial-court Whether the plain-error doctrine permits an appeals court to affirm a conviction based on a potential crime that it identifies in the record that was …
18-6744 Wesley Wayne Schaefer v. Lorie Davis, Director, Texas Department of Criminal Justice, Criminal Institutions Division Fifth Circuit 2018-11-20 Denied IFP consequences criminal-procedure de-novo-review double-jeopardy double-jeopardy,lesser-included-offense,state-law, due-process due-process,criminal-procedure,plea-bargaining,eff due-process,equal-protection,fourteenth-amendment, due-process,grand-jury,fifth-amendment,fourteenth- effective-assistance-of-counsel,plea-bargaining,du federal-courts,state-courts,de-novo-review,mixed-q grand-jury guilty-plea ineffective-assistance jury-unanimity plea-bargaining silent-record sixth-amendment,jury-trial,unanimous-verdict,due-p Whether a Court may assume, from a silent record, the defendant was sufficiently made aware of the consequences of his guilty plea?
18-6633 Keith Fremin v. Robert C. Tanner, Warden Fifth Circuit 2018-11-08 Denied IFP castration civil-rights constitutional-rights criminal-procedure due-process good-time guilty-plea ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel judicial-district plea-agreement plea-bargaining sentencing Whether the 22 Judicial District Court failed to uphold the plea agreement in exchange
18-6563 Jesus R. Gonzalez-Negron v. United States First Circuit 2018-11-06 Denied IFP criminal-law criminal-statute drug-trafficking due-process factual-basis firearm-possession firearms guilty-plea machine-gun-possession plea-bargaining statutory-interpretation Is evidence of a loaded machine gun and drugs within a person's residence an adequate factual basis to support a guilty plea to possession of a firear…
18-6580 Wiliiam Scott Fitts v. Barry Goodrich, Warden, et al. Georgia 2018-11-06 Denied Response WaivedIFP criminal-procedure due-process fourteenth-amendment Fourteenth-Amendment-due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel normative-legal-issues plea-bargaining right-to-counsel right-to-effective-assistance-of-counsel sixth-amendment Whether the accused's constitutional rights were violated when forced to choose between the Sixth Amendment and Fourteenth Amendment in deciding wheth…
18-6568 Harold Max Pompee v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-11-05 Denied IFP competence competency constitutional-rights criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance-of-counsel right-to-competence Whether the Eleventh Circuit erred in holding that a state prisoner's ineffective-assistance-of-counsel claim alleging that counsel failed to raise hi…
18-6553 Michael Founier Dixon, aka Michael Fournier Dixon v. Texas Texas 2018-11-02 Denied Response WaivedIFP civil-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing Was Agpli canl's guilty pleac) involuwtaay duce 40 counsels wet echve deficient Assistance jw Tetality duaing all Stages of the caiminel process ?
18-6511 In Re Ken Ejimofor Ezeah 2018-10-30 Denied Response WaivedIFP actual-innocence appeal-waiver circuit-split criminal-procedure criminal-procedure-appeal-waiver-guilty-plea-unite guilty-plea inherent-equitable-authority tenth-circuit united-states-v-galloway united-states-v-hahn united-states-v-mccarthy Whether the court should expand the framework in United States v. Hahn on appeal waivers
18-6334 Ahkeem Wiggins v. Robert C. Tanner, Warden Fifth Circuit 2018-10-16 Denied Response WaivedIFP constitutional-violation criminal-procedure due-process enhancement-penalty guilty-plea ineffective-assistance ineffective-assistance-of-counsel jurisdiction plea-bargaining sentencing Whether the 1st Judicial District Court, Parish of Caddo, State of Louisiana had jurisdiction to accept a guilty plea to an enhancement penalty under …
18-6279 Samuel Kwushue v. United States Eleventh Circuit 2018-10-11 Denied Response WaivedIFP criminal-procedure criminal-procedure-11 elements-of-crime federal-regulation federal-regulations federal-rule-11 guilty-plea jurisdiction rule-11 statute-of-conviction statutory-elements wire-fraud Could a guilty plea, accepted in violation of Federal Rule of Criminal Procedure 11, support a conviction, when the conduct to which a defendant admit…
18-6240 Darryl Johnson v. United States Second Circuit 2018-10-09 Denied Response WaivedIFP appeal-rights constitutional-error due-process evidentiary-hearing guilty-plea habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel plea-bargaining sentencing Was Petitioner's guilty plea sustained in violation of due process warranting habeas relief
18-6222 Donte Timothy Bacon v. United States Sixth Circuit 2018-10-04 Denied Response WaivedIFP as-applied-challenges class-v-united-states commerce-clause constitutional-challenge constitutional-law criminal-procedure de-novo district-of-colombia-v-heller federal-criminalization federal-jurisdiction federal-prosecution firearm-regulation guilty-plea interstate-commerce intrastate-firearm-possession intrastate-firearm-sale plain-error second-amendment standard-of-review statutory-interpretation unconditional-guilty-plea united-states-v-lopez Whether as-applied constitutional challenges to statutes of conviction are waived by an unconditional guilty plea, and the standard of review
18-6147 Macking Nettles v. Connie Horton, Warden Sixth Circuit 2018-10-01 Denied Response RequestedResponse WaivedRelisted (2)IFP aedpa due-process guilty-plea habeas-corpus mental-incompetence procedural-bar substantive-due-process time-limit Whether a procedural bar or the AEDPA time limit apply to the substantive due process mental incompetence issue that petitioner plead guilty while men…
18-6093 Brian Tate v. Maryland Maryland 2018-09-26 Denied Response WaivedRelisted (2)IFP constitutional-rights developmental-capacity diminished-capacity due-process fifth-amendment fourteenth-amendment guilty-plea juvenile-defendant juvenile-justice maryland-rule-4-242(c) mental-illness Whether the Due Process Clause requires a state court to conduct an inquiry on the record into the effects of a juvenile defendant's age, mental healt…
18-6081 Manuel Enrique Camacho v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2018-09-24 Denied Response WaivedIFP cognitive-impairment competency criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel mental-capacity mental-competency psychiatric-evaluation psychiatric-report Whether trial counsel was ineffective for failing to determine if Mr. Camacho was competent to enter a guilty plea
18-6053 Donald Lee Kissner v. Michigan Michigan 2018-09-20 Denied IFP due-process effective-assistance full-and-fair-review guilty-plea lafler-v-united-states michigan-courts strickland-v-united-states trial-counsel Whether the petitioner has a due-process right to effective assistance of trial counsel
18-5982 Todd F. Britton-Harr v. United States Fifth Circuit 2018-09-18 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states prejudice prejudice-standard reasonable-person sixth-amendment Does the Court's decision in Lee v. United States, 137 S.Ct. 1958 (2017) allow lower courts to require a showing that a 'reasonable person' would have…
18-5926 Darnell Wilkins v. Jay Lane, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2018-09-12 Denied IFP civil-rights criminal-procedure due-process equitable-tolling guilty-plea habeas-corpus mental-health mental-incapacity pcra psychotropic-medications standing Did petitioner's mental incapacity not entitle him to equitable tolling?
18-5846 Dustin Xavier Wilkins, aka Dxavier Wilkins, aka Xavier Wilkins, aka Chosen Wilkins v. United States District of Columbia 2018-08-30 Denied Response WaivedIFP 6th-amendment appeal court-appointed-counsel criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief sentencing sentencing-hearing Whether the petitioner should be allowed to withdraw his guilty plea based on ineffective assistance of counsel
18-5814 Bobby Cruz v. United States Seventh Circuit 2018-08-29 Denied Response WaivedIFP certificate-of-appealability due-process evidentiary-hearing guilty-plea habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel mayle-v-felix section-2255 Did the Seventh Circuit Court of Appeals err in denying Bobby Cruz a certificate of appealability
18-5771 Jim Walter Qualls, Jr. v. United States Tenth Circuit 2018-08-28 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split criminal-procedure federal-courts felony-case guilty-plea judicial-authority jurisdiction magistrate-judge magistrate-judges plea-bargaining statutory-interpretation Whether a United States Magistrate Judge has statutory authority to accept a guilty plea in a felony case and adjudge a defendant guilty
18-5744 Arthur Lawton Clark v. Walter Berry, Warden, et al. Eleventh Circuit 2018-08-24 Denied Response WaivedIFP 14th-amendment constitutional-violation due-process guilty-plea habeas habeas-corpus indictment indictment-insufficiency ineffective-assistance procedural-bar procedural-default Whether petitioner's indictment and guilty plea were constitutionally deficient, and whether the lower courts erred in denying his claims of ineffecti…
18-227 Justin Michael Wolfe v. Virginia Virginia 2018-08-22 GVR Response RequestedResponse WaivedRelisted (2) appeal appellate-review class-precedent class-v-united-states constitutional-authority constitutional-law criminal-procedure criminal-procedure-plea-bargaining double-jeopardy due-process guilty-plea plea-bargaining state-court state-court-appeals vindictive-prosecution Whether a guilty plea in state court waives the right to raise on appeal the constitutional authority of the State to prosecute based on a claim of vi…
18-5662 Myrna Diaz v. New Jersey New Jersey 2018-08-20 Denied IFP constitutional-rights counsel-misconduct criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel legal-representation right-to-counsel sentencing sixth-amendment unauthorized-practice-of-law Did the staff of the 'Project Freedom Fund' who provided faulty legal advice to petitioner, and thus induced her to withdraw a guilty plea for which s…
18-5256 Brandon Wade Moragne-El v. Pennsylvania Pennsylvania 2018-07-19 Denied IFP constitutional-rights criminal-procedure due-process equal-protection guilty-plea judicial-precedent pennsylvania plea-bargaining plea-withdrawal precedent sentencing supreme-court Does the denial of the Petitioner's Motion to Withdraw his Guilty Plea contradict Precedent case law from the Superior Court of Pennsylvania, the Supr…
18-5162 Ellord Wells v. Mary Potter, Warden Sixth Circuit 2018-07-06 Denied Response WaivedIFP due-process guilty-plea mandatory-sentence sixth-amendment trial-court appeal constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel mandatory-sentence sentencing sixth-amendment Whether appellate counsel rendered ineffective assistance by not arguing that the trial court failed to inform the appellant of the mandatory nature o…
18-5 Dennis Riley v. Ohio Washington 2018-07-02 Denied Response Waived brady-disclosure brady-v-maryland criminal-discovery discovery due-process exculpatory-evidence guilty-plea impeachment-evidence internal-investigations investigative-officer-misconduct plea-bargaining prosecutorial-misconduct whether-defendant-entitled-to-impeachment-or-exculpatory-evidence-after-pleading-guilty
18-5071 Juan Carlos Vazquez v. South Carolina South Carolina 2018-07-02 Denied Response RequestedRelisted (2)IFP deportation due-process effective-assistance-of-counsel guilty-plea knowing-and-voluntary language-barrier prosecutorial-misconduct sixth-amendment Was petitioner denied his Sixth Amendment right to effective assistance of counsel?
18-5072 Jill M. Evans v. United States Tenth Circuit 2018-07-02 Denied Response WaivedIFP acceptance-of-responsibility burden-on-court-system criminal-procedure due-process efficient-punishment federal-sentencing federal-sentencing-guidelines guilty-plea plea-bargaining sentencing sentencing-guidelines unrelated-offenses Should a defendant receive credit under the acceptance of responsibility guideline for entering a guilty plea, even if alleged to have committed unrel…