No. 21-5091

Brian Dunkley v. Shawn Phillips, Warden

Lower Court: Sixth Circuit
Docketed: 2021-07-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof circuit-split criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining strickland-standard strickland-v-washington
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the Sixth Circuit Court of Appeals has entered a decision in conflict with decisions of another United States court of Appeals on the same important matter as to call for an exercise of this Court's supervisory power

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Sixth Circuit Court of Appeals has entered a decision in conflict with decisions of another United States court of Appeals on the same important matter as to call for an exercise of this Court's supervisory power; whereby, the Sixth Circuit Court of Appeals used what is known as the "burden" approach, which is in conflict with the "presumption" approach used by ; some Circuits, to determine that even though Dunkley's counsel : provided deficient performance for not advising him of her belief , that he should accept an offered plea, that he didn't meet the .prejudice prong of Strickland because he did not prove with , “reasonable probability that the prosecutor would have maintained the offered plea and that the trial court would have accepted it, which Dunkley contends violates his right to due-process in that the "burden" approach is an unfair process based on retrospective predictions of what others might of done, not an , a legal analysis. i.

Docket Entries

2021-10-04
Petition DENIED.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-08-13
Waiver of right of respondent Shawn Phillips, Warden to respond filed.
2021-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 13, 2021)

Attorneys

Brian Dunkley
Brian Dunkley — Petitioner
Shawn Phillips, Warden
Richard Davison DouglasState of Tennessee Attorney General, Respondent