No. 22-6402

Jesse Johnson, III v. California

Lower Court: California
Docketed: 2022-12-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining prejudice prejudice-prong prima-facie-showing strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus
Latest Conference: 2023-01-20
Question Presented (AI Summary)

Whether a defendant's uncontradicted sworn statement that he would have accepted a plea offer but for his counsel's deficient performance is sufficient to make a prima facie showing of prejudice under Strickland v. Washington

Question Presented (OCR Extract)

QUESTION PRESENTED When a defendant alleges that his trial counsel was ineffective for failing to properly advise him regarding the consequences of rejecting a plea offer, is the defendant’s uncontradicted sworn statement that he would have accepted the offer but for his counsel’s deficient performance sufficient, by itself, to make a prima facie showing of prejudice under Strickland v. Washington (1984) 466 U.S. 668? -i

Docket Entries

2023-01-23
Petition DENIED
2023-01-23
Petition DENIED.
2023-01-05
DISTRIBUTED for Conference of 1/20/2023.
2022-12-29
Waiver of right of respondent California to respond filed.
2022-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 27, 2023)

Attorneys

Jesse Johnson III
Jeremy Todd PriceFirst District Appellate Project, Petitioner
Jeremy Todd PriceFirst District Appellate Project, Petitioner
People of the State of California
Lynne G. McGinnisState of California Department of Justice, Respondent
Lynne G. McGinnisState of California Department of Justice, Respondent