No. 23-7650
Samuel Cuellar v. Jeff Tanner, Warden
Response WaivedIFP
Tags: appellate-procedure constitutional-violation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel informed-decision mandatory-minimum mandatory-minimum-sentences plea-bargaining plea-negotiations sentencing
Latest Conference:
2024-09-30
Question Presented (from Petition)
I. PETITIONER IS ENTITLED TO REINSTATEMENT OF PLEA OFFER WHERE COUNSEL FAILED TO INFORM HIM DURING PLEA NEGOTIATIONS THAT IF HE WAS CONVICTED UNDER MCL 769.12(l)(a), THAT HE WOULD RECEIVE, A MANDATORY 25 YEAR MINIMUM SENTENCE COUNSEL'S INEFFECTIVENESS DEPRIVED PETITIONER OF THE ABILITY TO MAKE AN INFORMED AND UNDERSTANDING DECISION ABOUT WHETHER OR NOT TO WAIVE TRIAL.
II. PETITIONER CUELLAR RECEIVED INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL AND HAS GOOD CAUSE FOR FAILING TO RAISE THE CONSTITUTIONAL VIOLATION SET FOURTH HEREIN ON APPEAL.
Question Presented (AI Summary)
Whether petitioner is entitled to reinstatement of plea offer due to counsel's failure to inform him of mandatory minimum sentence
Docket Entries
2024-10-07
Petition DENIED.
2024-06-27
DISTRIBUTED for Conference of 9/30/2024.
2024-06-18
Waiver of right of respondent Jeff Tanner, Warden to respond filed.
2024-05-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2024)
Attorneys
Jeff Tanner, Warden
Ann Maurine Sherman — Michigan Department of Attorney General, Respondent
Samuel Cuellar
Samuel Cuellar — Petitioner