No. 25-6021

Danny Raymond Morgan v. Florida

Lower Court: Florida
Docketed: 2025-11-04
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: None
Key Terms:
DueProcess
Latest Conference: 2025-12-05
Question Presented (from Petition)

Ineffective Assistance – Guilty Plea Induced by Misadvice: Whether
a criminal defendant is denied the effective assistance of counsel, in
violation of the Sixth and Fourteenth Amendments, when trial
counsel affirmatively misadvises the defendant that a viable
affirmative defense (involuntary intoxication due to prescribed
medication) is not available – thereby inducing the defendant to
plead guilty – despite this Court's precedents holding that such
misadvice can render a plea involuntary (Hill v. Lockhart). In
particular, does a state court conflict with Strickland v. Washington
and Hill v. Lockhart by rejecting relief despite unrefuted evidence
that, but for counsel's erroneous advice about the defense, the
defendant would have insisted on a trial?

Question Presented (AI Summary)

Question not identified.

Docket Entries

2025-12-08
Petition DENIED.
2025-11-13
DISTRIBUTED for Conference of 12/5/2025.
2025-11-07
Waiver of right of respondent Florida to respond filed.
2025-10-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 4, 2025)

Attorneys

Danny Morgan
William Mallory KentKent & McFarland, Petitioner
Florida
Celia A. Terenzio — Respondent