No. 21-1042

David Minnick v. Dan Winkleski, Warden

Lower Court: Seventh Circuit
Docketed: 2022-01-26
Status: Denied
Type: Paid
Response Waived
Tags: criminal-procedure defense-counsel direct-appeal guilty-plea hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel reasonableness-inquiry sentencing strickland-standard strickland-v-washington
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-03-18
Question Presented (AI Summary)

Whether the 'reasonableness' standard for assessing deficient performance of defense counsel under Strickland-v-Washington,-Hill-v-Lockhart permits a categorical exception immunizing unreasonable advice regarding the likely sentence to be imposed following a guilty plea

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the “reasonableness” standard for assessing deficient performance of defense counsel under Strickland v. Washington, 466 U.S. 668 (1984), and Hill v. Lockhart, 474 U.S. 52 (1985), permits a categorical exception immunizing unreasonable advice regarding the likely sentence to be imposed following a guilty plea. 2. Whether the reasonableness inquiry for assessing deficient performance of counsel under Strickland and Smith v. Robbins, 528 U.S. 259 (2000), permits application of a standard limiting ineffective assistance of counsel on direct appeal exclusively to circumstances in which counsel’s deficient/ unreasonable performance consists of omitting or overlooking an issue that is “clearly stronger” than those counsel raised on the direct appeal. li PARTIES IN COURT BELOW Other than the present Petitioner and Respondent, the only other parties in the courts below were the State of Wisconsin (also represented by the Wisconsin Department of Justice) as real party in interest for the Respondent, and Warden William J. Pollard, who was replaced as nominal Respondent by Warden Winkleski.

Docket Entries

2022-03-21
Petition DENIED.
2022-02-23
DISTRIBUTED for Conference of 3/18/2022.
2022-02-16
Waiver of right of respondent Dan Winkleski to respond filed.
2022-01-21
Petition for a writ of certiorari filed. (Response due February 25, 2022)

Attorneys

Dan Winkleski
Sarah Lynn BurgundyWisconsin Department of Justice, Respondent
David Minnick
Robert R. HenakHenak Law Office, S.C., Petitioner