No. 20-1440

David Abram Anaya v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-04-15
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights constitutional-rights counsel-deficiency due-process habeas-corpus ineffective-assistance plea-bargaining prejudice prejudice-standard reasonable-probability
Latest Conference: 2021-05-27
Question Presented (from Petition)

Whether this Court's decisions clearly establish that a defendant can show he was prejudiced by his counsel's deficient performance causing him to reject a plea offer where the defendant contends without contradiction by the State that the record reveals no particular facts or intervening circumstances suggesting that the State would have withdrawn, or the trial court would have rejected, the plea.

Question Presented (AI Summary)

Whether a defendant can show prejudice from counsel's deficient performance in rejecting a plea offer where the record reveals no facts suggesting the plea would have been withdrawn or rejected

Docket Entries

2021-06-01
Petition DENIED.
2021-05-11
DISTRIBUTED for Conference of 5/27/2021.
2021-05-04
Waiver of right of respondent Bobby Lumpkin to respond filed.
2021-04-12
Petition for a writ of certiorari filed. (Response due May 17, 2021)

Attorneys

Bobby Lumpkin
Judd Edward Stone IITexas Attorney General's Office, Respondent
David Anaya
Adele Marie El-KhouriMunger Tolles & Olson LLP, Petitioner