No. 24-5196

Nicholas Salfi v. Amy Robey, Warden

Lower Court: Sixth Circuit
Docketed: 2024-07-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: counsel-duty effective-assistance habeas-corpus Lafler-v-Cooper martinez-exception plea-negotiations prejudice procedural-default sixth-circuit
Key Terms:
HabeasCorpus
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Effective-assistance-of-counsel

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : . ; I. Whether the duty of defense counsel to provide effective assistance during plea negotiations extends to delivering counteroffers to the prosecution. 2. Whether the rules created in Lafler v. Cooper concerning demonstration of prejudice apply to counteroffers during plea deal negotiations. 3. Whether the second and third prongs of the Lafer test place an undue burden on Petitioners to forecast the responses of prosecutors and judges to counteroffers. : ; 4, Whether the Court of Appeals for the Sixth Circuit misapplied the Lafler v. Cooper/ Missoutt v. Frye standard to Petitioner when determining he failed to meet the Martinez v. Ryan, 566 US. I (2012) exception to procedural default. 3. Whether the Court of Appeals for the Sixth Circuit ruled prematurely and erroneously denied Petitioner's habeas corpus petition without reviewing the full record of timely filed pleadings.

Docket Entries

2024-10-07
Petition DENIED.
2024-09-05
DISTRIBUTED for Conference of 9/30/2024.
2024-08-26
Waiver of right of respondent Amy Robey, Warden to respond filed.
2024-07-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2024)

Attorneys

Amy Robey, Warden
Joseph Anderew BeckettOffice of the Solicitor General, , Respondent
Joseph Anderew BeckettOffice of the Solicitor General, , Respondent
Nicholas Salfi
Nicholas Salfi — Petitioner
Nicholas Salfi — Petitioner