No. 22-7318

Shannon Miles Lancaster v. Charles Williams, Jr., Warden

Lower Court: Fourth Circuit
Docketed: 2023-04-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability evidence-suppression fourth-circuit-review ineffective-assistance involuntary-plea plea-involuntariness south-carolina-homeland-security-act strickland strickland-standard suppression-motion
Key Terms:
Privacy
Latest Conference: 2023-06-01
Question Presented (AI Summary)

Whether the District Court and the Fourth Circuit Court of Appeals erred in declining to grant Petitioner a certificate of appealability, where the State PCR Court unreasonably applied clearly established federal law of Strickland, where defense counsel failed to investigate and advise Petitioner that evidence in the case against him could be challenged in a suppression motion pursuant to the South Carolina Homeland Security Act, since counsel's failure to advise Petitioner that he could challenge the admissibility of the recording was ineffective assistance rendering the plea involuntary and unknowingly?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Whether the District Court and the Fourth Circuit Court of Appeals erred in declining to grant Petitioner a certificate of appealability, where the State PCR Court unreasonably applied clearly established federal law of Strickland, where defense counsel failed to investigate and advise Petitioner that evidence in the case against him could be challenged in a suppression motion pursuant to the South Carolina Homeland Security Act, since counsel's failure to advise Petitioner that he could challenge the admissibility of the recording was ineffective assistance rendering the plea involuntary and unknowingly? . Request for "COA" i

Docket Entries

2023-06-05
Petition DENIED.
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2023-05-11
Waiver of right of respondent Charles Williams to respond filed.
2023-04-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 19, 2023)

Attorneys

Charles Williams
William Joseph MayeSouth Carolina Attorney General's Office, Respondent
William Joseph MayeSouth Carolina Attorney General's Office, Respondent
Shannon Lancaster
Shannon Lancaster — Petitioner
Shannon Lancaster — Petitioner