Richard Wiseman v. California

Whether the Due Process Clause of the Fourteenth Amendment permits a state court to preserve portions of an indivisible negotiated plea agreement after determining that a material count lacked any factual basis, rather than vacating the plea in its entirety and restoring the parties to the pre-plea status quo ante, consistent with Boykin v. Alabama, 395 U.S. 238 (1969), and Santobello v. New York, 404 U.S. 257 (1971).

Whether due process and the Sixth Amendment right to effective assistance of counsel are violated when a court issues an Order to Show Cause identifying prima facie constitutional violations, including false evidence, suppressed discovery, and ineffective assistance of counsel, conducts an evidentiary hearing, grants relief as to one count, yet later declines to adjudicate or remedy the remaining plea-validity and due-process violations and instead denies broader relief on procedural timeliness grounds despite state-created delay and Petitioner’s continued pursuit of restoration of the pre-plea status quo ante.