Kerr v. Thurmer

Dist. Ct. did not err in denying portion of defendant's habeas petition alleging that his trial counsel was ineffective in first-degree murder trial for failing to present evidence of provocation arising out of confrontation with victim, who had announced intention to induce defendant's wife to leave him. Record did not support conclusion that defendant lost self-control where he loaded firearm prior to victim entering defendant's home, and where defendant calmly sent police away from his home minutes before shooting victim. However, Dist. Ct. erred in denying portion of defendant's habeas petition alleging that trial counsel was ineffective for failing to inform him of proper sentencing range when negotiating with prosecutor during failed plea deal. Failure to advise defendant of appropriate sentencing range during plea negotiations could constitute ineffective assistance of counsel, and evidentiary hearing was required to determine specifics of actual deal pending before defendant.