Kerr v. Dittmann

Dist. Ct. did not err in denying defendant’s habeas petition, alleging that his counsel was ineffective for failing to advise him of potential lower sentence associated with alleged plea offer, which in turn led defendant not to accept said deal, where defendant took to trial first-degree murder charge that eventually resulted in guilty verdict and imposition of more severe sentence of life imprisonment with possibility of parole after 21 years. Dist. Ct. conducted evidentiary hearing on issue regarding alleged tender of plea offer, such that Dist. Ct. could properly find that no plea offer was actually tendered to defendant’s counsel based on testimony of two witnesses. Fact that defendant had presented evidence from one witness suggesting that actual plea deal had been tendered did not require different result, where Dist. Ct. did not find said evidence to be credible.