Russell Starks v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• remanding for an evidentiary hearing on prejudice and noting that \[t]he Supreme Court did not suggest in Lee that a defendant must hypothesize his counsel's advice might be erroneous and state contemporaneously that his plea decision would differ if that were so\
• remanding for an evidentiary hearing on prejudice and noting that “[t]he Supreme Court did not suggest in Lee that a defendant must hypothesize his counsel’s advice might be erroneous and state contemporaneously that his plea decision would differ if that were so”
• remanding for an evidentiary hearing where “the record is quite sketchy regarding plea discussions” and “the motion and the files and records of the case do not conclusively show the petitioner was advised of the consequences of rejecting the plea offer”
• “In the plea-offer context, [defendant] must show a ‘reasonable probability’ that he would have 12 accepted the plea offer if his attorney had performed adequately.”
• remanding for evidentiary hearings on IAC motion

Source: CourtListener parenthetical corpus (CC0).