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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


Pending

Questions presented

  1. May the merits panel of a federal appellate court expand a certificate of appealability only if the “opposing party” assents to it?

  2. 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?

  3. 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

Case

Conference history

Linked docket
25A1337

Proceedings

  1. Sep 03 2026
    Motion to extend the time to file a response is granted and the time is extended to and including November 2, 2026.
  2. Sep 01 2026
    Motion to extend the time to file a response from September 18, 2026 to November 2, 2026, submitted to The Clerk.
  3. Aug 10 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 18, 2026)
  4. Jun 03 2026
    Application (25A1337) granted by Justice Kavanaugh extending the time to file until August 8, 2026.
  5. May 18 2026
    Application (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.