No. 23-7650

Samuel Cuellar v. Jeff Tanner, Warden

Lower Court: Sixth Circuit
Docketed: 2024-06-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure constitutional-violation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel informed-decision mandatory-minimum mandatory-minimum-sentences plea-bargaining plea-negotiations sentencing
Key Terms:
HabeasCorpus Immigration JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether petitioner is entitled to reinstatement of plea offer due to counsel's failure to inform him of mandatory minimum sentence

Question Presented (from Petition)

Questions Presented for Review I. PETITIONER IS ENTITLED TO REINSTATEMENT OF PLEA OFFER WHERE COUNSEL FAILED TO INFORM HIM DURING PLEA NEGOTIATIONS THAT IF HE WAS CONVICTED UNDER MCL 769.12(1)(a), THAT HE WOULD RECEIVE, A MANDATORY 25 YEAR MINIMUM SENTENCE COUNSEL'S INEFFECTIVENESS DEPRIVED PETITIONER OF THE ABILITY TO MAKE AN INFORMED AND UNDERSTANDING DECISION ABOUT WHETHER OR NOT TO WAIVE TRIAL. a II. PETITIONER CUELLAR RECEIVED INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL AND HAS GOOD CAUSE FOR FAILING TO RAISE THE CONSTITUTIONAL VIOLATION SET FOURTH HEREIN ON APPEAL. i

Docket Entries

2024-10-07
Petition DENIED.
2024-06-27
DISTRIBUTED for Conference of 9/30/2024.
2024-06-18
Waiver of right of respondent Jeff Tanner, Warden to respond filed.
2024-05-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2024)

Attorneys

Jeff Tanner, Warden
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Samuel Cuellar
Samuel Cuellar — Petitioner
Samuel Cuellar — Petitioner