No. 21-7074

Benny Dennis v. United States

Lower Court: Fifth Circuit
Docketed: 2022-02-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability civil-procedure due-process fifth-circuit guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining standing supreme-court-precedent
Latest Conference: 2022-03-04
Question Presented (from Petition)

1) Did the panel of the Fifth Circuit err by deciding
the merit of an appeal not properly before the court
to justify the denial of a certificate of appealability.

2) Has The Supreme Court of the United States overturned
its own precedent in Buck v. Davis, 137 S.Ct. 759
(2017); Lafler v. Cooper, 132 S.Ct. 1376, 1385(2012);
Lee V. United States, 137 S.Ct. 1958, 1966 (2017);Hill
v. Lockhart, #74 U.S. 52,59 '(1985). Where the Court
decided in evaluating a claim that guilty plea was
unknowing or involuntary due to ineffective assistance
of Counsel, the defendant must show that "there is a
reasonable probability that but for counsel's error he
would not have pleaded guilty and would have insisted
going to trial; the Supreme Court further held and
instructed Courts in determing prejudice to focus on a
defendant's decisionmaking, which may not turn solely
the likelihood of conviction after trial;the Supreme
held that an attorney's misadvice regarding the conseq,v'l, ,"'1, ,'"l,
uences of , a plea, agreement.u.cam.fender. the ..-guilty- plea .i* i* i*
on
on
involuntary.

Question Presented (AI Summary)

Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the Court to justify the denial of a certificate of appealability

Docket Entries

2022-03-07
Petition DENIED.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2022-02-10
Waiver of right of respondent United States to respond filed.
2022-01-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 10, 2022)

Attorneys

Benny Dennis
Benny Dennis — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent