| 23-5846 |
Jong Whan Kim v. United States |
Fourth Circuit |
2023-10-20 |
Denied |
Amici (1)Response WaivedIFP |
circuit-split criminal-procedure federal-courts indictment mens-rea plea-hearing rule-11 |
Is it error for a district court to rely on a defendant's pre-hearing review of the indictment to inform him of the nature of the offense? |
| 23-5239 |
Samuel Trelawney Hughes v. United States |
Ninth Circuit |
2023-07-28 |
Denied |
Response WaivedIFP |
autism-spectrum-disorder boykin boykin-standard change-of-plea cognitive-deficiencies cognitive-deficiency criminal-procedure district-court-record due-process plea-hearing |
Did the Ninth Circuit's rejecting Petitioner's due-process claim regarding his change-of-plea hearing conflict with Boykin-and-its-progeny, particular… |
| 22-7608 |
Phillip L. Horrell v. Illinois |
Illinois |
2023-05-22 |
Denied |
Response WaivedIFP |
14th-amendment ake-v-oklahoma constitutional-rights due-process mental-illness plea-bargaining plea-hearing sanity-examination supervisory-power |
Whether the plea of guilty but mentally ill violated due process |
| 21-8274 |
Melvin Martinez v. United States |
Eleventh Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
covid-19 criminal-procedure due-process ineffective-assistance-of-counsel plain-error plain-error-review plea-bargaining plea-hearing virtual-proceedings |
Whether the 'reasonable probability of prejudice' showing required for plain error review of plea hearing defects was met where the petitioner informe… |
| 21-8125 |
Carlos Montano v. United States |
Ninth Circuit |
2022-06-13 |
Denied |
Response WaivedRelisted (2)IFP |
boykin-standard change-of-plea-hearing constitutional-rights criminal-procedure due-process felony-conviction ninth-circuit plea-bargaining plea-hearing substance-abuse |
did-the-ninth-circuit-overlook-boykin-and-its-progeny |
| 21-7607 |
Devunaire Damorea Sims v. Michigan |
Michigan |
2022-04-13 |
Denied |
IFP |
appellate-counsel due-process effective-assistance-of-counsel evidentiary-hearing fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-hearing sixth-amendment |
Did the Michigan Supreme Court err in denying this issue when Petitioner was denied his Sixth Amendment right to the effective assistance of counsel w… |
| 19-920 |
Boulder Young, aka Boulder Daniel McManigal v. United States |
Eighth Circuit |
2020-01-23 |
Denied |
Response Waived |
appeal appeal-waiver circuit-split criminal-procedure due-process harmless-error judicial-discretion plea-bargaining plea-hearing sentencing waiver |
Whether the waiver of a right to appeal a judgment of conviction is controlled by the defendant's written waiver or the oral pronouncement of the cour… |
| 19-5447 |
Erbey Botello, aka Erbey Botello-Alanis, aka Javier Garcia v. United States |
Fifth Circuit |
2019-08-05 |
Denied |
Response WaivedIFP |
circuit-split constitutional-rights due-process federal-sentencing judicial-discretion plea-hearing plea-revocation reasonableness-of-sentence revocation-hearing sentencing sentencing-review supervisory-powers |
Whether the constitutional right to due process on a plea at a revocation hearing is recognized |
| 18-8626 |
Aaron Murray v. United States |
Sixth Circuit |
2019-03-29 |
Denied |
Response WaivedIFP |
arrest constitutional-rights criminal-procedure defense-counsel due-process federal-criminal-procedure initial-appearance magistrate-judge plea-bargaining plea-hearing right-to-counsel |
Was Petitioner Aaron Murray Entitled to an initial appearance before a United States Magistrate Judge under Fed. R. Criminal P Rule 5? |
| 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 |
| 18-5149 |
Francisco Cubero v. United States |
Eleventh Circuit |
2018-07-06 |
Denied |
Response WaivedIFP |
certificate-of-appealability collateral-relief collateral-review conflicting-results due-process plea-hearing procedural-default sentencing supervised-release supervised-release-term |
Whether the district court's failure to correctly inform the defendant of the direct consequences of pleading guilty prejudiced the defendant |