No. 19-5918

Brandon Kyle Thomas v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-09-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: §-2255-motion appellate-rights certificate-of-appealability criminal-appeal idaho-v-garza ineffective-assistance-of-counsel jurisdictional-rule prejudice-standard presumption-of-prejudice roe-v-flores-ortega sixth-amendment strickland-v-washington
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Was counsel's single statement that 'if you appeal you will get more time' adequate advice or deficient performance?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Question, T After trial and again after sentencing, Brandon Thomas requested that his , attorney appeal the criminal judgment. Counsel's advice consisted of "if you appeal, you will get more time." This court holds than attorney's failure to properly advise a criminal defendant concerning the benefits and detriments of filing an appeal constitutes deficient performance that is presumptively prejudicial. See Idaho v. Garza, 139 S.Ct. 738 (2019); Roe v. Flores-Ortega, 528 U.S. 470 (2000). The Eleventh Circuit denied a certificate of appealability on the basis that Mr. Thomas could not show prejudice. Two questions emerge from the Eleventh Circuit's order: 1. Was counsel's single statement that "if you appeal you will get more time" adequate advice or deficient performance? 2. Does a single line from an attorney shift the presumption of prejudice from presumed to actual and injurious? Question II The Eleventh Circuit also concluded—without a certificate of appealability—-that Mr. Thomas's otherwise valid (as alleged) § 2255 claims did not warrant a certificate of appealability because Mr. Thomas could not prove prejudice. Did the Eleventh Circuit order violate the jurisdictional rule announced by this Court in Buck v. Davis, 137 S.Ct. 759 (2017)? Question III Mr. Thomas offered statements from witnesses that supported his claims of actual innocence, investigator misconduct, and a desire to appeal. The district court refused to permit the statements to be introduced into the record via Rule 7 or an evidentiary hearing. Should the district court have conducted an evidentiary hearing before deciding the merits of Mr. Thomas's § 2255 motion? . -i

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-18
Waiver of right of respondent United States to respond filed.
2019-07-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 11, 2019)
2019-05-19
Application (18A1189) granted by Justice Thomas extending the time to file until July 21, 2019.
2019-05-04
Application (18A1189) to extend the time to file a petition for a writ of certiorari from May 28, 2019 to July 21, 2019, submitted to Justice Thomas.

Attorneys

Brandon Thomas
Brandon Kyle Thomas — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent