voluntary-plea

18 cases — ← All topics

Case	Title	Lower Court	Docketed	Status	Flags	Tags	Question Presented
24-5580	Octavius Artis v. United States	Fourth Circuit	2024-09-19	Denied	Response WaivedIFP	career-offender criminal-procedure factual-basis plea-agreement sentencing-guidelines voluntary-plea	Whether the district court erred in sentencing Artis as a career offender and whether the plea was voluntary and supported by a factual basis
23-5860	John Carl Ferrell v. United States	Fifth Circuit	2023-10-23	Denied	Response WaivedIFP	boykin-v-alabama constitutional-rights criminal-procedure due-process judicial-review plea-bargaining sentencing supreme-court voluntary-plea	Does a decision by the Supreme Court, after a plea is entered but before sentencing, present sufficient cause to consider if the plea was entered know…
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?
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	Does the First Amendment for a Journalist or member of the press forbid the taking and publishing pictures of an extorted ex-girlfriend?
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…
21-6644	Ashot Minasyan v. United States	Ninth Circuit	2021-12-16	Denied	Response WaivedIFP	appeal-waiver criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-misconduct sentencing voluntary-plea	Whether Minasyan's waiver of appeal is unenforceable
21-6588	Amy Bishop Anderson v. Deidra Wright, Warden, et al.	Eleventh Circuit	2021-12-13	Denied	Response WaivedRelisted (2)IFP	certificate-of-appealability claim-exhaustion cumulative-error effective-assistance-of-counsel exhaustion-of-remedies habeas-corpus ineffective-assistance-of-counsel merits-determination voluntariness-of-plea voluntary-plea	Whether the 11th Circuit Court used a merits determination to deny my certificate of appealability in violation of federal court holdings
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…
19-1050	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?
19-7352	Alfredo Godoy-Machuca v. United States	Ninth Circuit	2020-01-21	Denied	Response WaivedIFP	appeal-waiver collateral-consequences criminal-procedure defense-counsel ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining voluntary-and-knowing voluntary-plea	Whether the Ninth Circuit Court of Appeals erred in concluding that material affirmative misdavice given by defense counsel regarding collateral conse…
19-7297	Christopher J. Burton v. Harold W. Clarke, Director, Virginia Department of Corrections	Virginia	2020-01-15	Denied	Response WaivedIFP	civil-commitment collateral-consequences criminal-justice criminal-procedure deportation due-process professional-assistance sexually-violent-predator strickland-v-washington voluntary-plea	Whether civil commitment proceedings are sufficiently similar to deportation proceedings such that the distinction between collateral and direct conse…
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…
19-6471	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
18-9163	Phillip L. Horrell v. Michael D. Downey, Sheriff, Kankakee County, Illinois	Seventh Circuit	2019-05-06	Denied	Response WaivedIFP	actual-innocence brady-violation civil-rights due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel standing voluntary-plea	Whether the district court erred in dismissing petitioner's claims and denying an evidentiary hearing
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…
18-7607	Bruce White v. United States	Seventh Circuit	2019-01-28	Denied	Response WaivedIFP	counsel-actions criminal-procedure criminal-procedure-plea-bargaining defendant-rights due-process federal-rules-of-criminal-procedure ineffective-assistance-of-counsel motion-withdrawal plea-agreement plea-bargaining right-to-counsel sentencing voluntary-plea withdrawal-of-plea	Whether a plea was entered voluntarily, intelligently, and knowingly
18-648	Burdette Searcey, et al. v. James L. Dean, et al.	Eighth Circuit	2018-11-19	Denied	Response RequestedResponse WaivedRelisted (2)	1989 civil-rights constitutional-rights criminal-investigation criminal-trial due-process evidence false-evidence false-evidence-manufacture law-enforcement-liability manufacture-of-false-evidence municipal-liability qualified-immunity reckless-evidence-gathering substantive-due-process voluntary-plea	Whether a law enforcement officer violated substantive-due-process rights by recklessly gathering unreliable evidence
18-5413	Clarence D. Lewis v. Johnny Hedgemon, et al.	Fifth Circuit	2018-08-01	Denied	Relisted (2)IFP	constitutional-law criminal-procedure due-process fifth-amendment habeas-corpus plea-bargain self-incrimination voluntary-plea	Is a plea bargain voluntary or involuntary if a petitioner invokes his Fifth Amendment right against self-incrimination before the plea is induced?