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Burt v. Titlow, 12-414

The Sixth Circuit erred in reversing the lower court's denial of a prisoner's habeas corpus petition, challenging her second degree murder conviction on the basis of ineffective assistance of counsel during plea bargaining, where the Sixth Circuit: 1) failed to apply the "doubly deferential" standard of review recognized by the Court's case law when it refused to credit the state court's reasonable factual finding that the prisoner's new attorney advised withdrawal of the guilty plea only after the prisoner's proclamation of innocence; and 2) assumed that counsel was ineffective where the record was silent.

Appellate Information

  • Decided 11/05/2013
  • Published 11/05/2013




  • United States Supreme Court