No. 19-7868

Steven B. Turner v. Mike Kemna

Lower Court: Eighth Circuit
Docketed: 2020-03-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance-of-counsel plea-bargaining plea-negotiations post-conviction-relief right-to-counsel sentencing sixth-amendment trial-fairness
Key Terms:
HabeasCorpus
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Whether Missouri's rule conflicts with Lafler v. Cooper

Question Presented (OCR Extract)

QUESTION PRESENTED In Missouri, it is an ensuing plea of guilty that implicates the constitution. A criminal defendant cannot succeed on a post-conviction claim of ineffective assistance of plea counsel during plea negotiations, wherein outside the complained error, the defendant had an otherwise constitutionally sound trial. 1. Whether Missouri's rule conflicts with Lafler v. Cooper, 132 S.Ct. 1376 (2012), wherein as long as a petitioner has received an otherwise fair trial, counsel cannot be found ineffective for giving petitioner erroneous advice in deciding to go to trial in lieu of a plea agreement of a substantially lesser conviction and sentence, than that to which he was convicted of? . i

Docket Entries

2020-04-20
Petition DENIED.
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-03-30
Waiver of right of respondent Mike Kemna to respond filed.
2020-02-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2020)
2019-12-20
Application (19A692) granted by Justice Gorsuch extending the time to file until February 15, 2020.
2019-12-12
Application (19A692) to extend the time to file a petition for a writ of certiorari from December 17, 2019 to February 15, 2020, submitted to Justice Gorsuch.

Attorneys

Mike Kemna
Julie Marie BlakeOffice of the Missouri Attorney General, Respondent
Steven Turner
Steven B. Turner — Petitioner