No. 22-5283

Gerald Funk v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al.

Lower Court: Third Circuit
Docketed: 2022-08-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: consequences constitutional-rights guilty-plea guilty-plea-negotiation ineffective-assistance plea-negotiations plea-offer sixth-amendment trial-counsel trial-strategy
Key Terms:
HabeasCorpus
Latest Conference: 2022-10-07
Question Presented (from Petition)

1. Whether trial counsel's Sixth Amendment duties to a client during the
guilty-plea negotiation stages require him to affirmatively assist a
client in making the critical decision whether to accept or reject a
guilty plea offer by giving the client defense-based advice and guidance
on this decision and by fully discussing the offer's relative merits,
benefits and drawbacks as compared to the strengths and weaknesses of the
case in light of counsel's trial strategy and the consequences of both
accepting or rejecting (and is he ineffective by not doing so)?

2. Whether trial counsel is ineffective if he decides to delegate the duties
and responsibilities he owes to a client during guilty-plea negotiations
to a State's prosecutor?

3. Whether trial counsel is ineffective by making an offhand remark that
caused a client to reject a guilty plea offer made during jury trial,
where counsel told the client he can enter an open plea but failed to
fully explain that it's not actually an "open plea" to all offenses
(per trial judge's policy that all pleas entered at trial must be open
pleas to all offenses) but is rather a guilty plea to just one offense
for 8-20 years?

Question Presented (AI Summary)

Whether trial counsel's Sixth Amendment duties require affirmative assistance in guilty-plea decision

Docket Entries

2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-09-13
Waiver of right of respondent George Little to respond filed.
2022-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 6, 2022)

Attorneys

George Little
D. Peter JohnsonDistrict Attorney Union County, Respondent
Gerald Funk
Gerald Funk — Petitioner