United States Supreme Court

In a case in which a defendant was convicted of assault with intent to murder and three other offenses and received a mandatory minimum 185-to-360-month sentence, after receiving ineffective assistance of counsel in advice to reject a plea offer to dismiss two of the charges and to recommend a 51-to-85-month sentence on the other two, the judgment of the Sixth Circuit on petition for habeas corpus is vacated and the case remanded, where: 1) the defendant showed prejudice for purposes of an ineffective-assistance-of-counsel claim by showing that but for his attorney's deficient performance there was a reasonable probability he and the trial court would have accepted the guilty plea; but 2) the district court should not have ordered specific performance of the plea agreement, but rather ordered the state to reoffer the plea.

Appellate Information

• Decided 03/21/2012
• Published 03/21/2012

Judges

• Kennedy

Court

• United States Supreme Court

Counsel