No. 18-6064

Robert L. Rose v. Leroy Kirkegard, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2018-09-24
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-procedure ineffective-assistance lafler-v-cooper plea-negotiations remedies remedy sixth-amendment united-states-v-morrison
Latest Conference: 2018-11-30
Question Presented (from Petition)

Whether this Court should grant certiorari to clarify the appropriate remedy for ineffective assistance during plea negotiations.

Whether the remand in this case, which effectively denied the petitioner of any remedy for his Sixth Amendment injury, contravenes this Court's decisions in United States v. Morrison, 449 U.S. 361 (1981), and Lafler v. Cooper, 566 U.S. 156 (2012).

Question Presented (AI Summary)

What is the proper remedy when a defendant's lawyer fails to inform her client of, or offers deficient advice as to whether to accept, a favorable plea offer?

Docket Entries

2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2018)

Attorneys

Robert Rose
David Foster NessFederal Defenders of Montana, Petitioner