Robert Carter v. Bernadette Mason, Superintendent, State Correctional Institution at Retreat, et al.
HabeasCorpus
Whether trial counsel adequately and effectively assisted petitioner in deciding whether to accept a plea offer
QUESTIONS PRESENTED | “4, WHETHER TRIAL COUNSEL ADEQUATELY AND EFFECTIVELY ASSISTED PETITIONER ; IN DECIDING WHETHER TO ACCEPT A PLEA OFFER OF 15 TO 30 YEARS WHERE . COUNSEL FAILED TO OBJECT WHEN HE WAS ERRONEGUSLY ADVISED THAT IF CONVICTED, HE WOULD ONLY BE SUBJECTED TO A MAXIMUM PENALTY OF 4 YEARS , ON THE MOST SERIOUS CHARGE, THIRD DEGREE MURDER? . | 2. WHETHER THE DISTRICT COURT'S DETERMINATIONS REGARDING COUNSEL'S INEFFECTIVENESS FOR FAILING TO OBJECT TO WITHDRAWAL OF THE CHARGE OF INVOLUNTARY MANSLAUGHTER WHICH WAS THE LESSER INCLUDED OFFENSE WHERE SUCH DEFENSE EXISTED MANDATING THIS PARTICULAR INSTRUCTION, DISTORTS THE MEANINGS OF 28 U.S.C. § 2254(d)(1)/(2)2 , . i |