No. 18-7958

John Lohmeier v. United States

Lower Court: Seventh Circuit
Docketed: 2019-02-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-rights criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining statute-of-limitations strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Was Petitioner's plea of guilty knowingly and voluntarily entered?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ' i I. Was Petitioner's plea of guilty knowingly and voluntarily entered where counsel's failure to inform ; petitioner that all offenses charged in the indictment were time-barred by statute of Limitations; and waiver . of time-bar defense through guilty plea without objection was not ‘knowingly and voluntarily entered, make a : "substantial showing of the denial of a constitutional . right" requiring a Certificate of Appealability (GOA) ’ to issue pursuant to the requirements of Miller-El Vv. : : Cockrell, 123 S.Ct. 1029 (2003) and Slack |v. McDaniel, 120 S.Ct. 1595 (2000) 7 | | II. Was counsel ineffective under the two prong test established in Strickland v. Washington, 466 U.S. 668 (1984) for failing to inform petitioner that. all charges . he was pleading guilty to were time-barred by the statute of limitations; and advising petitioner to waive a time: bar statute of Limitations defense without making objections to the time barr waiver :? | ; ! : | oo i . . i : \ | ; .

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-27
Waiver of right of respondent United States to respond filed.
2019-01-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2019)

Attorneys

John Lohmeier
John Lohmeier — Petitioner
John Lohmeier — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent