No. 23-5959

Jason Claude Edwards v. Tristan Lemon, Warden

Lower Court: Ninth Circuit
Docketed: 2023-11-06
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: counsel-advice ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper missouri-v-frye ninth-circuit plea-bargaining plea-offer prejudice-analysis prejudice-standard strickland-standard strickland-v-washington
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (from Petition)

1. Whether the Ninth Circuit majority unreasonably applied clearly established Supreme Court law by approving as reasonable a state court prejudice analysis that did not consider the effect of presumed competent counsel advice on likelihood of petitioner accepting the offer?

2. Whether the Ninth Circuit majority unreasonably applied clearly established Supreme Court law by approving as reasonable a state court prejudice analysis, which (1) categorically excluded from consideration petitioner's declaration that he would have accepted the offer, and (2) required petitioner to prove prejudice to an at least "more likely than not" standard?

Question Presented (AI Summary)

Whether the Ninth Circuit majority unreasonably applied clearly established Supreme Court law

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-09
DISTRIBUTED for Conference of 12/1/2023.
2023-11-06
Waiver of right of respondent Tristan Lemon to respond filed.
2023-10-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 6, 2023)

Attorneys

Jason Edwards
Gene David VorobyovLaw Office of Gene Vorobyov, Petitioner
Tristan Lemon
Michele Joette SwansonState of California Office of the Attorney General, Respondent