Supreme Court of the United States · Official docket →
Kyle Brooks v. Colorado
Paid petition · Supreme Court of Colorado, No. 17SC614 · judgment September 9, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Due process requires that a guilty plea be voluntary, knowing, and intelligent. Here, the charging document omitted an essential element of the crime. At the plea hearing, the trial judge misinformed the defendant by omitting the same element in his summary of the crime, neither the prosecutor nor defense counsel corrected the judge, there was no allocution, and defense counsel has never said she informed the defendant privately about the missing element. Was the plea valid?
Counsel of record
For petitioner
Richard A. Simpson
Wiley Rein, LLP
For respondent
L. Andrew Cooper
Office of the Colorado Attorney General
Proceedings
- Mar 30 2020Petition DENIED.
- Mar 11 2020DISTRIBUTED for Conference of 3/27/2020.
- Mar 03 2020Waiver of right of respondent People of the State of Colorado to respond filed.
- Feb 20 2020Petition for a writ of certiorari filed. (Response due March 25, 2020)
- Dec 16 2019Application (19A649) granted by Justice Sotomayor extending the time to file until February 20, 2020.
- Dec 09 2019Application (19A649) to extend the time to file a petition for a writ of certiorari from December 22, 2019 to February 20, 2020, submitted to Justice Sotomayor.