motion-to-withdraw
16 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 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 | 1. 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 … |
| 24-6253 | Victor Clayton v. United States | Third Circuit | 2025-01-08 | Denied | Response WaivedIFP | criminal-procedure motion-to-dismiss motion-to-withdraw plea-agreement rule-12 sex-trafficking | 1. Did the district court err in denying defendant's motion to dismiss pursuant to federal Rule of Criminal Procedure 12 (b)(3) counts One and Two of … |
| 23-6549 | Delon Scott v. United States | Fifth Circuit | 2024-01-23 | Denied | Response WaivedIFP | appellate-procedure constitutional-rights due-process equal-protection fourteenth-amendment motion-to-withdraw penson-v-ohio right-to-counsel standing | WHETHER THE PETJTOINERS FOURTEENTH AMENDMENT RIGHTS WERE VIOLATED, WHEN THE UNITED STATES COURT OF APPEALS GRANTED COUNSEL'S MOTION FOR LEAVE TO WIT… |
| 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 | I. Whether the District Court abused its discretion when it denied appellant's motion to withdraw his guilty plea where 1) there was an insufficient… |
| 22-6804 | Joseph Mark Williams, Jr. v. United States | Sixth Circuit | 2023-02-16 | Denied | Response WaivedIFP | appeal-procedure appellate-procedure civil-procedure criminal-statute due-process legal-timeline minor-protection motion-to-withdraw standing statutory-interpretation supreme-court | 1. Whether the 90 days under 28 U.S.C. § 1254 and Supreme Court Rule 13 applies to an order granting a motion to withdraw an appeal . 2. Whether the… |
| 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 | After learning of the objective evidence (body camera video footage) documenting an unlawful warrantless search and seizure, the defendant moved to wi… |
| 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 FIFTH CIRCUIT ERR BY FINDING THAT THE DISTRICT COURT'S DECISION TO DENY MR. ARIAS'S MOTION TO WITHDRAW HIS GUILTY PLEA DID NOT CONSTITUTE AN A… |
| 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 | 1. DID. THE DISTRICT'COURT VIOLATE THE DEFENDANT'S SUBSTANTIAL DUE PROCESS RIGHTS DURING THE MANDATORY RULE 11 COLLOGUY? 2. DID THE COURT ERR WHEN TH… |
| 20-6124 | Jose Maria Loaiza-Gaspar v. United States | Fifth Circuit | 2020-10-23 | Denied | Response WaivedIFP | abuse-of-discretion appellate-review criminal-procedure due-process guideline-sentence ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw reasonableness sentencing sentencing-guidelines | My Sentence of LIFE imprisonment was imposed without the trial court addressing my non-frivolous argument for a lower sentence. On appeal, the Court o… |
| 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 … |
| 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? |
| 18-8172 | Corinthian Bostic v. United States | Eleventh Circuit | 2019-02-28 | Denied | Response WaivedIFP | attorney-withdrawal conflict-of-interest due-process fifth-amendment indigent indigent-defendant ineffective-assistance motion-to-withdraw pre-trial-hearing pre-trial-motion right-to-appeal | Did the pre-trial judge abuse its discretion by denying Bostic's appointed attorney's motion to withdraw where Bostic and his trial counsel had a conf… |
| 18-7299 | Leon Tony Parker, Jr. v. Texas | Texas | 2019-01-10 | Denied | IFP | conflict-of-interest counsel-of-choice counsel-withdrawal court-procedure due-process judicial-discretion motion-resolution motion-to-substitute motion-to-substitute-counsel motion-to-withdraw record-keeping right-to-counsel trial-court-discretion trial-fairness | The Petitioner sought to withdraw counsel because of a legitimate conflict in counsel's representation; and then, two months later, sought to substitu… |
| 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… |
| 18-6704 | Aaron Jonathon Zemke v. Michigan | Michigan | 2018-11-14 | Denied | IFP | abuse-of-discretion bias criminal-procedure ineffective-assistance judicial-bias judicial-discretion motion-to-withdraw plea-bargain plea-bargaining plea-withdrawal prejudice prosecutorial-bias prosecutorial-misconduct sixth-amendment trial-court-discretion | Mr. Zemke received ineffective assistance under the Sixth Amendment when counsel misrepresented Mr. Zemke's case to induce a plea bargain, prejudiced … |
| 18-6623 | Carlos Cosme v. United States | Ninth Circuit | 2018-11-09 | Denied | Response WaivedIFP | 28-usc-2255 criminal-procedure criminal-procedure-plea-bargaining effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-agreement plea-bargaining sixth-amendment standard-of-review | Did the District Court Commit Error in Applying the Standard of review for Motions to Withdraw a Plea Agreement as to an Issue of a Question of the Ef… |