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Askia Cuff v. Virginia

Paid petition · Supreme Court of Virginia, No. 171239 · judgment November 15, 2018


Certiorari denied · April 1, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Was Appellant’s waiver of his Sixth Amendment right to trial, pursuant to a plea agreement, freely and voluntarily made or the product of coercion – thus invalid – where Appellant pled guilty to the charges after his trial counsel threatened Appellant that counsel would withdraw from the case and abandon Appellant and the case if Appellant did not accept the Commonwealth’s plea offer?

Counsel of record

For petitioner
Patricia A. Rene
The Rene Law Firm

For respondent
Toby Jay Heytens
Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 01 2019
    Petition DENIED.
  2. Mar 13 2019
    DISTRIBUTED for Conference of 3/29/2019.
  3. Mar 07 2019
    Waiver of right of respondent Virginia to respond filed.
  4. Feb 12 2019
    Petition for a writ of certiorari filed. (Response due March 25, 2019)