No. 20-7467
Timothy Wayne Carver v. United States
Response WaivedIFP
Tags: criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment
Latest Conference:
2021-04-16
Question Presented (from Petition)
Where plea counsel erroneously convinces a defendant to believe that he is guilty of an offense, may the guilty-pleading defendant obtain relief from the plea based on counsel's ineffectiveness, even if the defendant is unable to show a likelihood of prevailing at trial, if the defendant can show at an evidentiary hearing that he would not falsely have admitted guilt?
Question Presented (AI Summary)
Where plea counsel's ineffective assistance causes a defendant to misapprehend the consequences of pleading guilty, may the defendant obtain relief even if unable to show a likelihood of prevailing at trial?
Docket Entries
2021-04-19
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-19
Waiver of right of respondent United States to respond filed.
2021-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2021)
Attorneys
Timothy Carver
Jacqueline Esther Shapiro — Petitioner
United States
Elizabeth B. Prelogar — Acting Solicitor General, Respondent