No. 21-5091

Brian Dunkley v. Shawn Phillips, Warden

Lower Court: Sixth Circuit
Docketed: 2021-07-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof circuit-split criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining strickland-standard strickland-v-washington
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (from Petition)

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.

Question Presented (AI Summary)

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

Docket Entries

2021-10-04
Petition DENIED.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-08-13
Waiver of right of respondent Shawn Phillips, Warden to respond filed.
2021-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 13, 2021)

Attorneys

Brian Dunkley
Brian Dunkley — Petitioner
Shawn Phillips, Warden
Richard Davison DouglasState of Tennessee Attorney General, Respondent