No. 19-1068

Keith Inchierchiere v. Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-02-28
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: attorney-misconduct criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel public-defender retained-attorney sentencing-exposure seventy-year-term trial-rights
Key Terms:
HabeasCorpus
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Does a defendant receive ineffective assistance of counsel where his retained attorney fails to appear on the first day of trial, and, after receiving misadvice regarding his sentencing exposure from a public defender previously assigned to the case, the defendant takes a guilty plea that results in a seventy-year term of incarceration?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Does a defendant receive ineffective assistance of counsel where his retained attorney fails to appear on the first day of trial, and, after receiving misadvice regarding his sentencing exposure from a_ public defender previously assigned to the case, the defendant takes a guilty plea that results in a seventy-year term of incarceration? 2. Does a defendant receive ineffective assistance of counsel where a public defender advises him that he will receive a fifteen-year term of imprisonment if he pleads guilty but life imprisonment if he goes to trial, and, relying on that advice, the defendant enters a guilty plea that results in a sentence of seventy years of incarceration?

Docket Entries

2020-03-23
Petition DENIED.
2020-03-04
DISTRIBUTED for Conference of 3/20/2020.
2020-03-03
Waiver of right of respondent Florida Department of Corrections, et al. to respond filed.
2020-02-25
Petition for a writ of certiorari filed. (Response due March 30, 2020)
2020-01-10
Application (19A760) granted by Justice Thomas extending the time to file until February 25, 2020.
2020-01-06
Application (19A760) to extend the time to file a petition for a writ of certiorari from January 26, 2020 to February 25, 2020, submitted to Justice Thomas.

Attorneys

Florida Department of Corrections, et al.
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent
Keith Inchierchiere
Andrew Brooks Greenlee — Petitioner
Andrew Brooks Greenlee — Petitioner