criminal-plea

9 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-105 Boris Kotlyarsky v. Department of Justice, et al. Second Circuit 2024-07-31 Denied Response WaivedRelisted (2) constitutional-rights conviction criminal-plea criminal-procedure due-process evidence habeas-corpus innocence judicial-review procedural-safeguards In the context of habeas corpus, would it constitute a breach of due process to convict a defendant in a criminal proceeding, despite clear evidence d…
22-7613 Khawaja Muhammad Farooq v. United States Second Circuit 2023-05-22 Denied Response WaivedIFP civil-procedure civil-rights constitutional-rights criminal-plea due-process extortion first-amendment press press-rights voluntary-plea 1. Does the First Amendment for a Journalist or member of the press forbid the taking and publishing pictures of an extorted ex girlfriend? 2. Would …
22-183 Bryan Cowan, et al. v. Masa Nathaniel Warden Ninth Circuit 2022-08-29 Denied Response Waived 1983-action civil-rights criminal-plea excessive-force heck-doctrine heck-v-humphrey judicial-estoppel qualified-immunity section-1983 1. Plaintiff pled no contest to California Penal Code §69 prior to bringing this §1983 action against all three officers who were involved in his arre…
21-5419 Dilang Dat v. United States Eighth Circuit 2021-08-20 Denied Response WaivedIFP criminal-defense criminal-plea deportation deportation-consequences due-process-advice immigration-consequences ineffective-assistance ineffective-assistance-of-counsel padilla-standard padilla-v-united-states strickland-test Does trial counsel advising a criminal defendant that he "could" be deported for entering a guilty plea breach trial counsel's duty to give "clear and…
21-166 Leonel Cervantes-Meraz v. Oregon Oregon 2021-08-05 Denied Response Waived criminal-defense criminal-plea fourteenth-amendment immigration immigration-consequences ineffective-assistance padilla padilla-precedent sixth-amendment (I) Did the State of Oregon violate the Petitioner's right to effective assistance of counsel guaranteed him by the Sixth and Fourteenth Amendment of …
20-8401 Tyler Landon Thornton v. Florida Florida 2021-06-23 Denied IFP circuit-split civil-rights coercion constitutional-rights criminal-plea due-process fifth-amendment involuntary-confession non-state-actor plea-bargaining plea-involuntariness I. THIS CASE PRESENTS AN OPPORTUNITY TO RESOLVE A CIRCUIT SPLIT ON THE FOLLOWING QUESTION: WHETHER COERCION FROM A NON-STATE ACTOR CAN RENDER A PLEA I…
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 1. Is a defendant's open plea of guilty to engaging in the knowing or intentional conduct required to prove a murder charge valid when the plea colloq…
20-5292 Ashvinbhai Chaudhari v. United States Fifth Circuit 2020-08-06 Denied Response WaivedIFP criminal-plea criminal-procedure downward-departure fifth-circuit involuntary-plea judicial-procedure plea-bargain plea-bargaining restitution supervisory-powers Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Cireuit")-which held Rule 11 of the Federal Rules of Criminal…
19-7271 Eric Hall v. United States Sixth Circuit 2020-01-14 Denied Response WaivedIFP attempted-burglary burglary burglary-statute burglary-statutes categorical-approach conviction conviction-requirements criminal-plea entry entry-element firearm-possession generic-crime generic-crimes instrument plea-withdrawal rehaif-v-united-states sentencing-enhancement 1. Whether Tennessee's burglary statutes are generic where the State can obtain a conviction by proving only attempted burglary because the element of…