No. 22-7628

Robert Earl Gorham v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-05-24
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 28-usc-2254 circuit-split federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining strickland-standard strickland-v-washington
Latest Conference: 2023-06-22
Question Presented (from Petition)

Whether, for purposes of 28 U.S.C. § 2254(d)(1), a state court adjudication of the prejudice prong of an ineffective assistance of counsel claim is "contrary to" Strickland v. Washington, 466 U.S. 668 (1984), when it requires a defendant to show he actually would have accepted the state's plea offer, rather than only a "reasonable probability" that he would have done so, and therefore a federal habeas court reviews that claim de novo, as the Sixth Circuit has held; or whether that state-court adjudication is reviewed only for reasonableness, as the Eleventh Circuit held below.

Question Presented (AI Summary)

Whether a state court adjudication of the prejudice prong of an ineffective assistance of counsel claim is 'contrary to' Strickland v. Washington

Docket Entries

2023-06-26
Petition DENIED.
2023-06-07
DISTRIBUTED for Conference of 6/22/2023.
2023-05-31
Waiver of right of respondent Secretary, Florida Department of Corrections to respond filed.
2023-05-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 23, 2023)

Attorneys

Robert Gorham
Janice L. BergmannFederal Public Defender's Office, Petitioner
Secretary, Florida Department of Corrections
Celia A. Terenzio — Respondent