7 results for 'cat:"Habeas" AND cat:"Plea"'.
J. Agee finds that the district court should not have granted habeas relief to defendant, who said his guilty plea was not knowing and voluntary because he was not briefed on the nature and elements of the offenses he was charged with. The state court disagreed with him, and the federal district court should not have overridden the state court’s judgment, as a “highly deferential” standard was required. Reversed.
Court: 4th Circuit, Judge: Agee, Filed On: February 28, 2024, Case #: 23-6179, Categories: habeas, plea
J. Schuman finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus on ineffective assistance claims related to plea negotiations. His testimony that he would have accepted a plea deal in his murder case with better advice from his attorney was belied by the record, which showed on cross-examination he vehemently denied committing the crimes at least six times and vowed he would not "admit to something that he did not do." Affirmed.
Court: Connecticut Court Of Appeals, Judge: Schuman, Filed On: February 2, 2024, Case #: AC46191, Categories: habeas, Ineffective Assistance, plea
J. Pipkin finds that the trial court properly denied defendant's motion to make a habeas court order granting him an out-of-time appeal of the order of the plea court. Defendant was sentenced to 20 years in prison following his guilty plea to voluntary manslaughter as a lesser included offense of felony murder. The trial court correctly found that it lacked authority to grant defendant an out-of-time appeal in light of the Georgia Supreme Court's 2022 ruling in Cook v. State. Defendant also failed to file a notice of appeal within the 30-day deadline following the habeas court's order. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: January 11, 2024, Case #: A23A1342, Categories: habeas, plea
[Consolidated.] J. Sullivan finds that appeals seeking habeas relief from convictions for robbery conspiracy and firearm use resulting in a death should be dismissed. Defendants contend collateral attack waivers were improperly enforced in their plea agreements, but intervening precedent disqualifying Hobbs Act robbery as a crime of violence did not affect the waivers they negotiated.
Court: 2nd Circuit, Judge: Sullivan, Filed On: October 16, 2023, Case #: 16-4107 (L), Categories: habeas, Robbery, plea
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J. D'Auria finds that the lower court erred when it granted the petitioner's request for a writ of habeas corpus on ineffective assistance of counsel claims because a defense attorney is not required to advise a client whether or not to accept a plea offer; rather, the attorney is required to explain the strengths and weaknesses of the prosecution's case, as well as the chances for success at trial, to allow the client to make an informed decision about the plea. Therefore, because the attorney in this case met the aforementioned requirements, he provided effective assistance of counsel and the petitioner was not entitled to a writ of habeas corpus. Reversed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: August 3, 2023, Case #: SC20786, Categories: habeas, Ineffective Assistance, plea
J. Wilson finds that the district court improperly denied defendant's habeas petition for relief from his life sentence for murder. The habeas court incorrectly found that defendant would not have accepted a mid-trial plea offer of 30 years in prison based on his prior rejection of a plea offer for a life sentence with the possibility of parole. The state habeas court also incorrectly found that the trial court would not have accepted the 30-year plea deal because defendant maintained that he was innocent. Defendant was entitled to maintain his innocence. The case is remanded for an evidentiary hearing related to defendant's attorney-client relationship with his counsel, their communication, and the plea offer. Vacated.
Court: 11th Circuit, Judge: Wilson, Filed On: July 28, 2023, Case #: 21-13756, Categories: habeas, Ineffective Assistance, plea