No. 22-5882

Allen Calligan v. Frank Vanihel, Warden

Lower Court: Seventh Circuit
Docketed: 2022-10-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure habitual-offender ineffective-assistance ineffective-assistance-of-counsel informal-plea-offer plea-bargaining prejudice sentencing sixth-amendment
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-12-02
Question Presented (AI Summary)

Was Mr. Calligan's attorney ineffective for failing to inform him of the informal plea offer from the prosecutor, which prejudiced Mr. Calligan by causing him to receive a greater sentence?

Question Presented (OCR Extract)

QUESTION PRESENTED . Mr. Calligan alleged that his trial counsel was ineffective for failing to inform him of an informal plea offer made by the prosecutor, which would have capped Mr. Calligan’s sentence for the habitual offender charge to ten years. Mr. Calligan received a sentence of thirty years. While there seems to be universal agreement regarding formal plea offers, a circuit split exists regarding the extent of the Sixth Amendment’s protections during plea negotiations. Was Mr. Calligan’s attorney ineffective for failing to inform him of the informal plea offer from the prosecutor, which prejudiced Mr. Calligan by causing him to receive a greater sentence. i y 4 %. cy

Docket Entries

2022-12-05
Petition DENIED.
2022-11-21
Waiver of right of respondent Frank Vanihel, Warden to respond filed.
2022-11-10
DISTRIBUTED for Conference of 12/2/2022.
2022-11-08
Waiver of right of respondent United States to respond filed.
2022-09-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 21, 2022)

Attorneys

Allen Calligan
Allen L. Calligan Jr. — Petitioner
Frank Vanihel, Warden
Aaron Thomas CraftOffice of the Indiana Attorney General, Respondent
United States
Elizabeth B. PrelogarSolicitor General, Respondent