Dist. Ct. did not err in denying defendant’s habeas petition challenging his murder, robbery and theft convictions on ground that his trial counsel was ineffective for failing to advise him of plea offer. Prosecutor had offered plea deal that would have allowed defendant to plead guilty to robbery and theft charges, but only within certain deadline. In pre-trial hearing on defendant’s motion to remove his trial counsel, defendant complained that: (1) his counsel had failed to advise him of plea deal; and (2) defendant was dissatisfied with plea deal, but wanted to make counteroffer. Dist. Ct. properly found that defendant failed to establish any prejudice in trial counsel’s failure to advise him of plea deal, where: (1) defendant was inconsistent with his inclination to accept plea offer; (2) there was no evidence that defendant made any attempt to counteroffer within six months prior to trial; (3) defendant’s claim that he would have accepted plea deal was unpersuasive considering his insistence on making counteroffers, and (4) defendant remained committed to advocating his innocence, which showed no probability of abating.
Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel