No. 20-6584

Richard Olive v. United States

Lower Court: Sixth Circuit
Docketed: 2020-12-09
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance plea-bargaining prejudice right-to-counsel sixth-amendment strickland-v-washington
Key Terms:
HabeasCorpus
Latest Conference: 2021-01-22
Question Presented (AI Summary)

What do Missouri v. Frye and Lafler v. Cooper require to demonstrate prejudice from counsel's failure to advise on a plea offer?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. What do Missouri v. Frye, 566 U.S. 134 (2012), and Lafler v. Cooper, 566 U.S. 156 (2012), require of a defendant to demonstrate prejudice resulting from counsel’s failure to properly advise the defendant of a pretrial plea offer? 2. Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that he was prejudiced as a result of his counsel’s failure to properly advise him regarding the Government’s pretrial plea offer. il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii

Docket Entries

2021-01-25
Petition DENIED.
2021-01-07
DISTRIBUTED for Conference of 1/22/2021.
2020-12-30
Waiver of right of respondent United States to respond filed.
2020-11-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 8, 2021)

Attorneys

Richard Olive
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent