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Oliver Ray Carbutt v. Colorado

Paid petition · Court of Appeals of Colorado, No. 16CA1250 · judgment December 27, 2018


Certiorari denied · January 21, 2020
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

I. When a court is in the process of accepting a guilty plea for a sex offense that will require an intrusive presentence investigation including questions about uncharged sexual misconduct, is the court required to affirmatively advise the defendant that he has a privilege against self-incrimination during the presentence investigation? And, if so, II. Did the Colorado courts violate the due process clause of the Fourteenth Amendment by refusing to vacate Oliver Carbutt’s guilty plea? III. Does Carbutt’s conviction violate the due process clause of the Fourteenth Amendment because his plea was not knowing, intelligent, or voluntary, because he was misadvised about the maximum and minimum penalties?

Counsel of record

For petitioner
Joseph Saint-Veltri
Joseph Saint-Veltri, Attorney at Law

For respondent
L. Andrew Cooper
Office of the Colorado Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 21 2020
    Petition DENIED.
  2. Dec 30 2019
    DISTRIBUTED for Conference of 1/17/2020.
  3. Dec 17 2019
    Waiver of right of respondent Colorado to respond filed.
  4. Dec 09 2019
    Petition for a writ of certiorari filed. (Response due January 10, 2020)