plea-offer

23 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6488 Matthew Jones v. Dave Yost, Attorney General of Ohio Sixth Circuit 2026-01-06 Pending IFP criminal-procedure due-process plea-agreement plea-offer right-to-counsel sixth-amendment The first question presented is : Should the Sixth Amendment right to counsel attach at the moment an accused is confronted by his expert adversary w…
24-6687 Jason Jayavarman v. United States Ninth Circuit 2025-03-04 Denied Response WaivedRelisted (2)IFP child-pornography criminal-procedure duplicitous-indictment ineffective-counsel plea-offer rule-8a 1. Is indictment duplicitous when it charges two or more offenses in a single count? 2. Does Federal Rule of Criminal Procedure 8(a) prohibit the cha…
23-7196 Adam Carson v. United States Sixth Circuit 2024-04-10 Denied Response WaivedRelisted (2)IFP constitutional-rights first-impression ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper missouri-v-frye plea-bargaining plea-offer sentencing-reduction sixth-amendment I. If the court holds a hearing to put a PLEA PROPOSAL on the record, and the Government OFFERS a 3 point deduction for acceptance of responsibility i…
23-6695 Douglas W. Curtis v. Brian Eller, Warden Sixth Circuit 2024-02-07 Denied Response WaivedIFP aedpa appellate-review due-process fourteenth-amendment novel-state-procedural-default plea-offer procedural-default standard-of-review state-procedural-default 1) Whether Petitioner was denied his Fourteenth Amendment right to the Due Process of Law when the Sixth Circuit Appellate Court denied relief without…
23-6196 Boris Ward v. United States Fifth Circuit 2023-12-07 Denied Response WaivedIFP criminal-representation cumulative-effect drug-transaction ineffective-assistance ineffective-assistance-of-counsel plea-offer prior-convictions reasonableness-of-sentence sentencing-guidelines 1) Whether trial counsel provided constitutionally deficient representation to Mr. Ward. 2) Whether the district court erred by failing to vary from …
23-564 Timothy Bing, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2023-11-27 Denied Response Waived due-process effective-assistance-of-counsel plea-bargaining plea-offer pretrial-investigation pretrial-motions sixth-amendment state-attorney Whether a policy by the State Attorney's Office which punished the petitioner for engaging in a pretrial investigation of his case as well as filing p…
23-5959 Jason Claude Edwards v. Tristan Lemon, Warden Ninth Circuit 2023-11-06 Denied Response WaivedRelisted (2)IFP 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 1. Whether the Ninth Circuit majority unreasonably applied clearly established Supreme Court law by approving as reasonable a state court prejudice an…
22-6403 Marco D. Martin v. Fredeane Artis, Acting Warden Sixth Circuit 2022-12-28 Denied Response WaivedIFP due-process effective-assistance-of-counsel electronic-monitoring ex-post-facto lifetime-electronic-monitoring plea-bargaining plea-offer sixth-amendment Whether the trial court denied Petitioner his Fifth, Sixth, and Fourteenth Amendment rights, where the state injected issues broader than the Petition…
22-5283 Gerald Funk v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-08-04 Denied Response WaivedIFP consequences constitutional-rights guilty-plea guilty-plea-negotiation ineffective-assistance plea-negotiations plea-offer sixth-amendment trial-counsel trial-strategy 1. Whether trial counsel's Sixth Amendment duties to a client during the guilty-plea negotiation stages require him to affirmatively assist a client i…
21-8188 Joe Davis, Jr. v. Florida Florida 2022-06-21 Denied IFP client-advice constitutional-rights criminal-procedure effective-assistance-of-counsel plea-bargaining plea-offer right-to-counsel sixth-amendment Whether the Sixth Amendment right to the effective assistance of counsel requires counsel to advise his client whether acceptance or rejection of a pl…
21-7838 Leonardo Divinci Larck v. United States Eleventh Circuit 2022-05-11 Denied Response WaivedIFP communication-failure constitutional-rights criminal-procedure effective-assistance-of-counsel ineffective-assistance-of-counsel lapsed-plea-offer plea-bargaining plea-offer sixth-amendment Does the Sixth Amendment right to effective assistance of counsel require counsel to communicate a client's inquiry/response to a formal plea offer? …
21-7154 John Walters v. Michael Martin, Warden Fourth Circuit 2022-02-18 Denied Response WaivedIFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining plea-offer prejudice-analysis right-to-counsel strickland-standard strickland-v-washington Mr. Walters lost an opportunity for a favorable plea because his counsel failed to tell him about it. As a result, Mr. Walters entered a guilty plea t…
21-6817 Rufus B. Jones v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2022-01-12 Denied Response WaivedIFP 28-usc-2253 certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer sixth-amendment stand-your-ground victim-deposition Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel r…
21-5489 Jerris M. Blanks v. United States Eighth Circuit 2021-08-26 Denied IFP circuit-conflict criminal-procedure federal-rules-of-criminal-procedure federal-rules-of-evidence good-cause judicial-discretion plea-bargaining plea-offer prejudicial-evidence pretrial-motion 1. Whether, in direct conflict with decisions of other circuits, the Eighth Circuit correctly held that under Fed. R. Crim. P. 12(c), a defendant who …
21-5294 Wilshaun King v. Mike Brown, Acting Warden Sixth Circuit 2021-08-04 Denied Response WaivedIFP autopsy-report confrontation-clause criminal-procedure ineffective-assistance ineffective-assistance-of-counsel medical-examiner plea-bargaining plea-offer right-to-counsel sixth-amendment I. PETITIONER'S TRIAL COUNSEL WAS APPROACHED AT THE TIME THE JURY RETIRED FOR DELIBEARITONS BY PROSECUTING ATTORNEY SCOTT EHLFELDT TENDERING A PLEA O…
20-8207 Bernier Gerard Jackson v. Florida Florida 2021-06-02 Denied IFP best-interest constitutional-rights criminal-defense criminal-procedure effective-assistance-of-counsel plea-bargaining plea-offer professional-responsibility right-to-counsel sixth-amendment Whether the Sixth Amendment right to the effective assistance of counsel requires counsel to advise his client to accept a plea offer which is clearly…
20-7173 Venecia Depaula v. Florida Florida 2021-02-17 Denied Response WaivedIFP competency competency-hearing constitutional-rights ineffective-assistance ineffective-assistance-of-counsel mental-health plea-offer privileged-communication waiver I. WAS COUNSEL'S ASSISTANCE RENDERED INEFFECTIVE BY HIM ALLOWING PETITIONER TO REJECT A FAVORABLE PLEA OFFER WHERE COUNSEL POSSESSED KNOWLEDGE THAT PE…
20-6140 Roger Jose Almanzar v. United States First Circuit 2020-10-27 Denied Response WaivedIFP appellate-review certificate-of-appealability counsel-performance due-process first-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer sixth-amendment Did the First Circuit err in not granting a certificate of appealability on the merits of the claims of ineffective assistance of counsel when it addr…
19-8839 Clayton D. Morrow v. Florida Florida 2020-06-26 Denied Response WaivedIFP brady-material brady-v-maryland criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye newly-discovered-evidence plea-bargaining plea-offer public-records-request Does a public records request meet the criteria to establish a newly discovered evidence claim as Brady v. Maryland 1, does; especially when the infor…
19-6117 Jaime Ignacio Estrada v. Martin Biter, Warden Ninth Circuit 2019-10-01 Denied Response WaivedIFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer preponderance-of-evidence right-to-counsel sixth-amendment standard-of-review trial-counsel voluntary-manslaughter 1. Whether petitioner established by a preponderance of evidence trial counsel's violation of the Sixth Amendment: failure to communicate a favorable …
19-5290 Ryan Keith Mason v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-23 Denied IFP appellate-review attorney-performance credibility credibility-determination criminal-procedure deference deference-standard deference-to-trial-court evidence ineffective-assistance ineffective-assistance-of-counsel legal-sufficiency plea-bargaining plea-offer standard-of-review Where deference is the only issue singled out by a Court of Appeals as the only question as to debatability, and that specific deference goes directly…
18-9543 Lonnie Haney v. Shane Jackson, Warden Sixth Circuit 2019-06-04 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel Lafler-v-Cooper plea-bargaining plea-offer right-to-counsel time-constraints ARE THE LOWER COURT RULINGS IN DIRECT CONFLICT WITH THE SPIRIT OF THIS COURT'S HOLDING IN LAFLER V. COOPER, WHERE DUE TO EXTERNAL FACTORS, DEFENSE COU…
18-6132 Marlon Oliver v. United States Sixth Circuit 2018-09-28 Denied Response WaivedIFP 2011 plea offer not requiring cooperation and def criminal-procedure criminal-procedure-ineffective-assistance-of-couns due-process ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining plea-offer right-to-counsel sixth-amendment 1. WHETHER THERE IS A REASONABLE PROBABILITY THAT THE COURT BELOW WOULD VACATE PETITIONER'S CONVICTION, GIVING THE OPPORTUNITY TO CONSIDER THIS COURT'…