No. 20-646

Michael Tyler Baggott v. Florida

Lower Court: Florida
Docketed: 2020-11-12
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: civil-rights constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice sex-offender-registration
Latest Conference: 2021-01-08
Question Presented (from Petition)

I.
Whether the reasoning of Lee v. United States, 137
S. Ct. 1958 (2017) extends to defendants facing
lifelong sex offender registration conditions from a
conviction and therefore prevents a court from
summarily denying a claim of ineffective assistance of counsel based on a finding of lack of prejudice resulting from a defendant's decision not to
go to trial that was based entirely on their lawyer's
incorrect advice that the sole defense to the
charges would not be available at trial.

II.
Whether a defendant must prove the existence of
a plea offer to be entitled to an evidentiary hearing
on a claim of ineffective assistance of counsel arising out of his counsel's failure to attempt plea negotiations.

Question Presented (AI Summary)

Whether the reasoning of Lee v. United States extends to defendants facing lifelong sex offender registration conditions

Docket Entries

2021-01-11
Petition DENIED.
2020-12-16
DISTRIBUTED for Conference of 1/8/2021.
2020-12-14
Waiver of right of respondent State of Florida to respond filed.
2020-11-06
Petition for a writ of certiorari filed. (Response due December 14, 2020)

Attorneys

Michael Tyler Baggott
William Mallory KentKent & McFarland, Petitioner
State of Florida
Rebecca Rock McGuiganOffice of Florida Attorney General, Respondent