Byrd v. Skipper

Docket Number18-2021
Decision Date08 October 2019
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34 cases
  • Pouncy v. Macauley
    • United States
    • U.S. District Court — Eastern District of Michigan
    • June 28, 2021
    ...and that makes Pouncy's stated resistance to a plea deal "an unreliable metric of reasonably probable outcomes." Byrd v. Skipper , 940 F.3d 248, 259 (6th Cir. 2019) (explaining why a defendant claiming ineffective assistance of counsel could show prejudice despite his assertions of innocenc......
  • Gilbert v. United States
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • April 7, 2023
    ...assistance of competent counsel' extends to all critical stages of a criminal proceeding," including plea negotiations, Byrd v. Skipper, 940 F.3d 248, 255 (6th Cir. 2019) (first quoting Lafler v. Cooper, 566 U.S. 156, 163, 132 S.Ct. 1376, 182 L.Ed.2d 398 (2012); and then citing Padilla v. K......
  • United States v. Kearn
    • United States
    • U.S. District Court — District of Kansas
    • January 4, 2022
    ...of Rule 11(c)(1)(C) nonetheless deprived Mr. Kearn of a meaningful chance to assess the government's plea offer. See Byrd v. Skipper , 940 F.3d 248, 259 (6th Cir. 2019) (concluding that, given counsel's deficient advice about a plea offer, defendant's " ‘choice’ to forgo [the] plea was no c......
  • United States v. Knight
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • December 8, 2020
    ...constitutionally deficient performance. See, e.g. , Dodson v. Ballard , 800 F. App'x 171, 181 (4th Cir. 2020) ; Byrd v. Skipper , 940 F.3d 248, 259 (6th Cir. 2019). And it is telling here, for purposes of establishing a reasonable probability, that Knight's similarly situated wired co-defen......
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2 books & journal articles
  • Trials
    • United States
    • Georgetown Law Journal No. 110-Annual Review, August 2022
    • August 1, 2022
    ...would have agreed to spend 29 years in prison instead of risking multiple life terms ultimately imposed by jury); Byrd v. Skipper, 940 F.3d 248, 260 (6th Cir. 2019) (counsel’s incorrect advice before any initiation of plea negotiations was prejudicial because prosecutor’s testimony indicate......
  • Review Proceedings
    • United States
    • Georgetown Law Journal No. 110-Annual Review, August 2022
    • August 1, 2022
    ...Mitchell v. Green, 922 F.3d 187, 190 (4th Cir. 2019) (same); Blackman v. Davis, 909 F.3d 772, 777 (5th Cir. 2018) (same); Byrd v. Skipper, 940 F.3d 248, 254 (6th Cir. 2019) (same); Cook v. Foster, 948 F.3d 896, 901 (7th Cir. 2020) (same); Rhodes v. Smith, 950 F.3d 1032, 1035 (8th Cir. 2020)......

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