No. 20-5674

In Re James Ward

Lower Court: N/A
Docketed: 2020-09-11
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-procedure due-process ineffective-assistance missouri-v-frye plea-bargaining sentencing sixth-amendment strickland-standard strickland-v-washington
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Ineffective-assistance-of-counsel

Question Presented (OCR Extract)

QUESTIONS PRESENTED Consistent with the holding in Strickland v. Washington, 466 U.S. 668 (1984), which held that to prove prejudice on a claim of ineffective assistance of counsel, a defendant must show that “there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." 1. Has prejudice been shown where defense counsel fails to inform the defendant that he can plead guilty and accept an offer of "30 YEARS OR LIFE CONCURRENT", and as a result of , counsel's failure to inform defendant of State's plea offer, defendant proceeds to trial and is ultimately tried, convicted, . and sentenced to CONCURRENT TERMS OF LIFE WITHOUT PAROLE AND THIRTY YEARS, and A CONSECUTIVE TERM OF FIFTEEN YEARS? 2. What remedy, if any, should be provided for ineffective assistance of counsel during plea bargain negotiations if the | defendant was later convicted and sentenced pursuant to constitutionally inadequate procedures? 3. Is the Missouri Supreme Court's denial of the writ petition on this issue contrary to established federal case law in Missouri v. Galin E. Frye, 132 S.Ct. 1399 (2012)? i

Docket Entries

2020-10-13
Petition DENIED.
2020-09-17
DISTRIBUTED for Conference of 10/9/2020.
2020-08-07
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

James Ward
James Ward — Petitioner