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
Latest Conference: 2022-03-18
Question Presented (from Petition)

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 circumstance-specific 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.

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

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