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Darius Wayne Haws v. Idaho

Paid petition · Supreme Court of Idaho, No. 47800 · judgment September 9, 2020


Certiorari denied · May 17, 2021
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a circuit split argued in the petition, and down for a state or local-government respondent.

Question presented

Whether a criminal defendant’s purported waiver of the right to appeal in a plea agreement is knowing, intelligent, and voluntary—as required by the Due Process Clauses of the Fifth and Fourteenth Amendments—when the trial court incorrectly informs the defendant, during the colloquy in which the court accepts the defendant’s guilty plea, that the defendant has reserved the right to appeal. (I)

Counsel of record

For petitioner
Jeremy Charles Marwell
Vinson & Elkins LLP

For respondent
Kenneth K. Jorgensen
Off of Attny Gen - State of ID

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. May 17 2021
    Petition DENIED.
  2. Apr 27 2021
    DISTRIBUTED for Conference of 5/13/2021.
  3. Apr 26 2021
    Reply of petitioner Darius Haws filed.
  4. Apr 05 2021
    Motion to delay distribution of the petition for a writ certiorari until April 27, 2021 granted.
  5. Mar 31 2021
    Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 14, 2021 to April 27, 2021, submitted to The Clerk.
  6. Mar 30 2021
    Brief of respondent State of Idaho in opposition filed.
  7. Mar 30 2021
    Brief amici curiae of Idaho Association of Criminal Defense Lawyers and National Association of Criminal Defense Lawyers filed.
  8. Mar 01 2021
    Response Requested. (Due March 31, 2021)
  9. Feb 17 2021
    DISTRIBUTED for Conference of 3/5/2021.
  10. Feb 12 2021
    Waiver of right of respondent State of Idaho to respond filed.
  11. Feb 04 2021
    Petition for a writ of certiorari filed. (Response due March 12, 2021)