No. 21-7074

Benny Dennis v. United States

Lower Court: Fifth Circuit
Docketed: 2022-02-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability civil-procedure due-process fifth-circuit guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining standing supreme-court-precedent
Key Terms:
HabeasCorpus
Latest Conference: 2022-03-04
Question Presented (AI Summary)

Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the Court to justify the denial of a certificate of appealability

Question Presented (OCR Extract)

No question identified. : . “, *. . Se co 1) Did the panel of the Fifth Circuit err by deciding ; the merit of an appeal not properly before the Court . to justify the denial of a certificate of appealability. , a 2) Has The Supreme Court of the United States overturned its own precedent in Buck v. Davis, 137 S.Ct. 759 (2017); Lafler v. Cooper, 132 S.Ct. 1376, 1385{2012); . "Lee V. United states, 137 S.Ct. 1958, 1966 (2017); Hill " ”"y. Lockhart, 474 U.S. 52,59 (1985). Where the Court a : decided in evaluating a claim that guilty plea was unknowing or involuntary due to ineffective assistance ' of Counsel, the defendant must show that "there is a . reasonable probability that but for counsel's error he would not have pleaded guilty and would have insisted ; on going to trial; the Supreme Court further held and instructed Courts in determing prejudice to focus on a defendant's decisionmaking, which may not turn solely on the likelihood of conviction after trial;the Supreme Ms, he2d that an attorney's misadvice regarding the consegq~ . on : “.nwences oOf,.a involuntary. . ; : ; 7 . a a Loa o a : .

Docket Entries

2022-03-07
Petition DENIED.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2022-02-10
Waiver of right of respondent United States to respond filed.
2022-01-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 10, 2022)

Attorneys

Benny Dennis
Benny Dennis — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent