No. 18-7958

John Lohmeier v. United States

Lower Court: Seventh Circuit
Docketed: 2019-02-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining statute-of-limitations strickland-standard strickland-v-washington
Latest Conference: 2019-03-22
Question Presented (from Petition)

Was Petitioner's plea of guilty knowingly and voluntarily entered where counsel's failure to inform petitioner that all offenses charged in the indictment were time-barred by statute of limitationsi; and waiver of time-bar defense through guilty plea without objection was not-knowingly and voLuntarily entered, make a "substantial showing of the denial of a constitutional right" requiring a Certificate of Appealability (COA) - to issue pursuant to the requirements of Miller-El v. Cockrell, 123 S.Ct. 1029 (2003) and Slackv. McDaniel, 120 S.Ct. 1595 (2000) 7

Was counsel ineffective under the tw I b prong test established in Strickland v. Washington, 466 U.S. 668 (1984) for failing to inform petitioner that all charges he was pleading guilty to were time-barred by the statute of limitations; and advising petitioner to waive a time bar statute-of limitations defense without snaking objections to the time barr waiver-?

Question Presented (AI Summary)

Was Petitioner's plea of guilty knowingly and voluntarily entered?

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-27
Waiver of right of respondent United States to respond filed.
2019-01-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2019)

Attorneys

John Lohmeier
John Lohmeier — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent