No. 20-5651

Christopher R. Gish v. Randall Hepp, Warden

Lower Court: Seventh Circuit
Docketed: 2020-09-10
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: constitutional-law criminal-procedure hill-v-lockhart immigration immigration-consequences ineffective-assistance ineffective-assistance-of-counsel lee-v-united-states plea-bargaining prejudice-standard
Key Terms:
HabeasCorpus Immigration
Latest Conference: 2020-10-30
Question Presented (AI Summary)

Whether Lee v. United States represents a narrow exception to Hill v. Lockhart's more general rule that is focused on the likelihood of success at trial, which exception is applicable only where a defendant's decision on whether to go to trial was focused on a collateral matter like immigration?

Question Presented (OCR Extract)

QUESTION PRESENTED In Lee v. United States,__ U.S. __, 187 S. Ct. 1958, 1965 (2017), this Court held that in assessing whether a defense attorney’s deficient advice that led a defendant to plead guilty was prejudicial, courts focus on how the particular defendant made the plea decision, not necessarily the likelihood of success at trial. This case involves the interaction of Lee with an earlier case: Hill v. Lockhart, 474 U.S. 52 (1985). The specific question presented is whether Lee represents a narrow exception to Hill’s more general rule that is focused on the likelihood of success at trial, which exception is applicable only where a defendant’s decision on whether to go to trial was focused on a collateral matter like immigration?

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-15
DISTRIBUTED for Conference of 10/30/2020.
2020-09-16
Waiver of right of respondent Randall Hepp, Warden to respond filed.
2020-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2020)

Attorneys

Christopher Gish
Shelley Marie Fite — Petitioner
Randall Hepp, Warden
Kara Lynn JansonWisconsin Department of Justice, Respondent