No. 19-5874

David Kirkland v. United States

Lower Court: Third Circuit
Docketed: 2019-09-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acceptance-of-responsibility constitutional-claim evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prejudice sentencing-reduction sixth-circuit strickland-standard third-circuit trial
Latest Conference: 2019-10-11
Question Presented (from Petition)

1. Whether the petitioner's attorney was ineffective for withholding information that cost defendant a three-point sentencing reduction for acceptance of responsibly by advising the petitioner to vacate a favorable plea agreement of (77-96) months and proceed to trial resulting in a sentence of (216) months, can "jurist debate" that the petitioner has established prejudice under Strickland's second prong?

2. Whether the United States Court of Appeals for the "Sixth Circuit" ruled where an inmate alleged that his attorney's ineffective assistance cost him a three-point sentencing reduction for acceptance of responsibility, a district court abused its discretion by declining to hold an evidentiary hearing, can the same procedural ruling apply to the petitioners underlying constitutional claims in the United States Court of Appeals for the Third Circuit?

Question Presented (AI Summary)

Whether the petitioner's attorney was ineffective for withholding information

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-16
Waiver of right of respondent United States to respond filed.
2019-07-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2019)

Attorneys

David Kirkland
David Kirkland — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent