Salvador Toro v. Warden J.W. Fairman and Attorney General of the State of Illinois

How courts have described this case

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

• noting that the petitioner did not state in his habeas petition that he would have accepted the plea agreement
• petitioner had no absolute right to reinstatement of plea offer, but the government could withdraw the offer only upon a showing that the withdrawal was not vindictive
• self serving statement that the defendant would have ac- cepted the plea insufficient to demonstrate prejudice
• and defendant’s self-serving statement he “would have been insane” to reject a guilty plea if properly advised was by itself insufficient to establish prejudice
• \A criminal defendant has a right to effective assistance of counsel in deciding whether to accept or reject a proposed plea agreement.\
• “[Defendant’s] statement is self-serving and alone, insufficient to establish that, but for counsel’s advice, there is a reasonable probability that he would have accepted the plea.”

Source: CourtListener parenthetical corpus (CC0).