King v. Davis

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The Fifth Circuit affirmed the district court's denial of habeas relief to petitioner where he was convicted of murder with a deadly weapon and sentenced to 45 months in prison. The court held that the state court's resolution of petitioner's ineffective assistance of counsel claims were neither contrary to, nor an unreasonable application of, clearly established federal law as determined by the Supreme Court. In this case, petitioner could not prevail on his claim that counsel performed deficiently by advising him that, by pleading guilty, he would be eligible for court-ordered community supervision, when he was in fact ineligible. The court held that petitioner failed to allege that going to trial would have given him a reasonable chance of obtaining a more favorable result and thus he failed to demonstrate prejudice. Furthermore, petitioner's second ineffective assistance of counsel claim, based on counsel's alleged failure to inform him that the State offered a 15-year plea deal, failed to demonstrate that counsel performed deficiently. View "King v. Davis" on Justia Law