No. 21-5446

Robert Carter v. Bernadette Mason, Superintendent, State Correctional Institution at Retreat, et al.

Lower Court: Third Circuit
Docketed: 2021-08-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel maximum-penalty plea-bargaining sentencing third-degree-murder trial-counsel
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether trial counsel adequately and effectively assisted petitioner in deciding whether to accept a plea offer

Question Presented (OCR Extract)

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 |

Docket Entries

2021-10-04
Petition DENIED.
2021-09-09
DISTRIBUTED for Conference of 9/27/2021.
2021-09-07
Waiver of right of respondent Mason, Supt., Retreat, et al. to respond filed.
2021-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 22, 2021)

Attorneys

Mason, Supt., Retreat, et al.
Nancy WinkelmanDistrict Attorney's Office, Respondent
Nancy WinkelmanDistrict Attorney's Office, Respondent
Robert Carter
Robert Carter — Petitioner
Robert Carter — Petitioner