Geneva Kristina Hudson v. United States
HabeasCorpus JusticiabilityDoctri
Must a petitioner alleging ineffective assistance of counsel in advising whether to plead guilty demonstrate a predisposition to pleading guilty as a prerequisite to obtaining an evidentiary hearing on her motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. section 2255?
1. Must a petitioner alleging ineffective assistance of counsel in advising whether to plead guilty demonstrate a predisposition to pleading guilty as a prerequisite to obtaining an evidentiary hearing on her motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. section 2255? 2. Must a petitioner who has alleged a prima facie claim of ineffective assistance of counsel in advising whether to plead guilty, and whose allegations must be presumed true at the pleading stage, rebut allegedly contrary representations from her allegedly deficient trial counsel in order to obtain an evidentiary hearing on her motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. section 2255?