No. 20-5349

In Re Daryl L. Zimmer

Lower Court: N/A
Docketed: 2020-08-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-counsel due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum plea-agreement plea-bargain sentencing-guidelines
Latest Conference: 2020-09-29
Question Presented (from Petition)

THE TRIAL COURT DENIED PETITIONER DUE PROCESS AND EQUAL PROTECTION OF THE LAW RIGHTS WHEN THE TRIAL COURT HAVING FULL KNOWLEDGE THAT PETITIONER PLED GUILTY AS A RESULT OF A PLEA BARGAIN AGREEMENT WHICH AS PART OF THE PLEA THERE WOULD BE NO MANDATORY MINIMUM IN SENTENCING PETITIONER AS PETITIONER'S SENTENCE WOULD BE CONSTRUCTED FROM SENTENCING GUIDELINES WHEN THE TRIAL COURT ELECTED TO DISREGARD THE PLEA AGREEMENT AND SENTENCED PETITIONER TO A MANDATORY MINIMUM SENTENCE THE TERM OF TWENTY-FIVE (25) YEARS INCARCERATION, IN BREACH OF THE PLEA AGREEMENT.

THE TRIAL COURT FAILED TO OBJECT TO THE PLEA AGREEMENT DURING THE SENTENCING OF PETITIONER WHICH DENIED PETITIONER THE EFFECTIVE ASSISTANCE OF COUNSEL.

APPELLATE COUNSEL FAILED TO RAISE THE ABOVE TWO (2) ISSUES ON APPEAL, THEREBY DENYING THE PETITIONER THE EFFECTIVE ASSISTANCE OF APPELLATE COUNSEL.

Question Presented (AI Summary)

Did the trial court deny the petitioner due process and equal protection rights by disregarding the plea agreement and imposing a mandatory minimum sentence?

Docket Entries

2020-10-05
Petition DENIED.
2020-08-27
Waiver of right of respondent Warden of MDOC facility to respond filed.
2020-08-20
DISTRIBUTED for Conference of 9/29/2020.
2020-06-24
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Daryl L. Zimmer
Daryl L. Zimmer — Petitioner
Warden of MDOC facility
Fadwa A. HammoudMichigan Department of Attorney General, Respondent