United States Sixth Circuit

In an ineffective assistance of counsel claim where counsel misinformed defendant of potential maximum sentence for trial compared to plea bargain, the defendant need only prove a "reasonable probability" he would have accepted the plea bargain if given proper advice, not absolute certainty.

Appellate Information

• Decided 08/28/2001
• Published 08/28/2001

Judges

• Before: MARTIN, Chief Judge;  MOORE, Circuit Judge;  O'MALLEY, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Richard Magana (briefed), Newberry Correctional Facility, Newberry, MI, pro se.


• For Appellees:
  
• Vincent J. Leone (briefed), Asst. Attorney Gen., Lansing, MI, for Respondent-Appellee.