United States Eleventh Circuit

In the government's appeal from the district court's grant of petitioner's petition for habeas corpus, in which the district court ruled that petitioner's criminal defense attorney was ineffective by misadvising petitioner regarding the possibility of being civilly committed as a result of pleading to a charge of aggravated stalking of a minor, the order is affirmed where: 1) based on counsel's testimony, the court could not say that the district court's factual finding that counsel misadvised petitioner was clearly erroneous; and 2) counsel did not tell petitioner that there was a possible risk of civil commitment, or that the law was unclear as to whether it could apply to petitioner, or that he simply did not know.

Appellate Information

• Decided 09/13/2010
• Published 09/13/2010

Judges

• Array

Court

• United States Eleventh Circuit

Counsel