No. 22-1000

William Casiano v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-04-14
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: certificate-of-appealability contemporaneous-evidence ineffective-assistance-of-counsel mandatory-minimum-sentence plea-bargaining strickland-prejudice
Key Terms:
HabeasCorpus Privacy
Latest Conference: 2023-05-18
Question Presented (from Petition)

1. Does the rule in Lee v. United States, 137 S. Ct. 1958, 1967 (2017), that directs courts to credit contemporaneous evidence, and not "post hoc assertions from a defendant about how he would have pleaded," apply in cases involving the rejection of plea offers?

2. Has a habeas petitioner established a "reasonable probability" that he would have accepted a lost plea offer where his testimony is corroborated by his attorney's admission that he failed to advise him of a 25-year mandatory minimum and would have advised him differently had he known about it, where there is a large disparity between the sentence imposed and the sentence called for in the plea deal, and where the petitioner established a contemporaneous willingness to plead guilty to a lesser offense?

3. Does a habeas petitioner make "a substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), as required for the issuance of a certificate of appealability, where he identifies factually analogous decisions that support his claim for habeas relief?

Question Presented (AI Summary)

Whether the rule in Lee v. United States applies to cases involving the rejection of plea offers

Docket Entries

2023-05-22
Petition DENIED.
2023-05-02
DISTRIBUTED for Conference of 5/18/2023.
2023-04-28
Waiver of right of respondent Secretary, Florida Department of Corrections, et al. to respond filed.
2023-04-11

Attorneys

Secretary, Florida Department of Corrections, et al.
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
William Casiano
Andrew Brooks GreenleeAndrew B. Greenlee, P.A., Petitioner