No. 22-5662

Sergio Trevino v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2022-09-22
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights counsel-deficiency criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice-inquiry prejudice-standard probation-misadvice reasonable-probability reject-plea-offer waive-right-to-trial
Latest Conference: 2022-11-18
Question Presented (from Petition)

In an ineffective assistance of counsel claim alleging probation misadvice, to what degree (if any) should the possibility of a conviction have on the prejudice inquiry as to whether there is a reasonable probability that counsel's deficient performance caused defendant to waive the right to trial or reject an alternate plea offer?

Question Presented (AI Summary)

Whether the possibility of a conviction should affect the prejudice inquiry in an ineffective assistance of counsel claim alleging probation misadvice

Docket Entries

2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-09-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2022)

Attorneys

Sergio Trevino
Sergio Louis Trevino — Petitioner