John Lohmeier v. United States
HabeasCorpus
Was Petitioner's plea of guilty knowingly and voluntarily entered?
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 : \ | ; .