Brian Dunkley v. Shawn Phillips, Warden
DueProcess
Whether the Sixth Circuit Court of Appeals has entered a decision
in conflict with decisions of another United States court of
Appeals on the same important matter as to call for an exercise
of this Court's supervisory power; whereby, the Sixth Circuit
Court of Appeals used what is known as the "burden" approach,
which is in conflict with the "presumption" approach used by
some Circuits,' to determine that even though Dunkley's counsel
provided deficient performance for not advising him of her belief
that he should accept an offered plea, that he didn't meet the
.prejudice prong of Strickland because he did not prove with
reasonable probability that the prosecutor would have maintained
the offered plea and that the trial court would have accepted
it, which Dunkley contends violates his right to due-process
in that the "burden" approach is an unfair process based on
retrospective predictions of what others might of done, not an
a legal analysis.
Whether the Sixth Circuit Court of Appeals has entered a decision in conflict with decisions of another United States court of Appeals on the same important matter as to call for an exercise of this Court's supervisory power