No. 21-7154

John Walters v. Michael Martin, Warden

Lower Court: Fourth Circuit
Docketed: 2022-02-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining plea-offer prejudice-analysis right-to-counsel strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus
Latest Conference: 2022-04-01
Question Presented (AI Summary)

Under the prejudice analysis in Missouri v. Frye and Strickland v. Washington, does the acceptance of a later, less favorable plea show prejudice even if the defendant previously made statements, when the other offer was active and he had no counsel, indicating an unwillingness to accept a plea?

Question Presented (OCR Extract)

Question Presented Mr. Walters lost an opportunity for a favorable plea because his counsel failed to tell him about it. As a result, Mr. Walters entered a guilty plea that resulted in a sentence more than double the one in the original plea offer. His case presents the following question regarding ineffective assistance of counsel during plea bargaining: Under the prejudice analysis in Missouri v. Frye, 566 U.S. 134 (2012) and Strickland v. Washington, 466 U.S. 668 (1984), does the acceptance of a later, less favorable plea show prejudice even if the defendant previously made statements, when the other offer was active and he had no counsel, indicating an unwillingness to accept a plea? i

Docket Entries

2022-04-04
Petition DENIED.
2022-03-17
DISTRIBUTED for Conference of 4/1/2022.
2022-03-15
Waiver of right of respondent Michael Martin to respond filed.
2022-02-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 21, 2022)

Attorneys

John Walters
Thomas Vernon BurchUGA School of Law, Appellate Litigation Clinic, Petitioner
Thomas Vernon BurchUGA School of Law, Appellate Litigation Clinic, Petitioner
Michael Martin
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent
Lindsay Sara SeeOffice of the West Virginia Attorney General, Respondent