Supreme Court of the United States · Official docket →
Donald Herb Johnson v. Laura Plappert, Warden
IFP petition · United States Court of Appeals for the Sixth Circuit, No. 23-5330 · judgment January 9, 2026
Questions presented
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May the merits panel of a federal appellate court expand a certificate of appealability only if the “opposing party” assents to it?
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If the last state court decision’s reasoning is discernable, is AEDPA deference due to alternative arguments that the state court never considered or adopted?
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Does a general understanding of the consequences of pleading guilty suffice to establish a constitutionally-valid plea, or must the record evidence a knowing waiver of the three rights identified in Boykin: the right to trial by jury, the right to confront accusers, and the privilege against self-incrimination? Does the Miranda warning adequately advise a defendant about the privilege against self-incrimination at trial, for purposes of a guilty plea?
Counsel of record
For petitioner
Dennis James Burke
Kentucky Department of Public Advocacy
For respondent
Christopher Louis Henry
Kentucky Office of the Attorney General
Proceedings
- Sep 03 2026Motion to extend the time to file a response is granted and the time is extended to and including November 2, 2026.
- Sep 01 2026Motion to extend the time to file a response from September 18, 2026 to November 2, 2026, submitted to The Clerk.
- Aug 10 2026
- Jun 03 2026Application (25A1337) granted by Justice Kavanaugh extending the time to file until August 8, 2026.
- May 18 2026Application (25A1337) to extend the time to file a petition for a writ of certiorari from June 9, 2026 to August 8, 2026, submitted to Justice Kavanaugh.