No. 25-5992

In Re Roger Larry McCluer

Lower Court: N/A
Docketed: 2025-10-30
Status: Denied
Type: IFP
IFP
Tags: capital-murder constitutional-rights criminal-procedure habeas-corpus ineffective-assistance plea-bargaining
Key Terms:
HabeasCorpus
Latest Conference: 2025-11-21
Question Presented (from Petition)

1. WHETHER OR NOT COUNSEL'S ADVICE TO PETITIONER, TO FOREGO A TWENTY (20) YEAR PLEA OFFER, WHEN THE STATE THREATENED TO RE-VISIT THE "CAPITAL MURDER" COMPONENT OF OFFENSE, RISKING "LIFE WITHOUT PAROLE", IF TAKEN TO TRIAL, WAS DEFICIENT PERFORMANCE AND DISQUALIFY COUNSEL FROM FUNCTIONING WITHIN THE WIDE REALM OF COMPETENCE DEMANDED OF ATTORNEYS, WHEN COUNSEL'S ADVICE CAUSED PETITIONER TO SUFFER "LIFE WITHOUT PAROLE?"

2. WHETHER OR NOT PETITIONER HAS NO OTHER FORM OR COURT TO APPEAL TO FOR RELIEF, AFTER LOWER COURT'S RULINGS, LEAVING THIS COURT AS THE SOLE POWER TO GRANT WRIT RELIEF IN ADDRESSING THE CONSTITUTIONAL MERITS OF PETITIONER'S WRIT CLAIMS.

Question Presented (AI Summary)

Whether counsel's advice to forego a 20-year plea offer, risking life without parole, constituted ineffective assistance of counsel

Docket Entries

2025-11-24
Petition DENIED.
2025-11-06
DISTRIBUTED for Conference of 11/21/2025.
2024-02-07
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Roger Larry McClure
Roger Larry McClure — Petitioner