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BURT v. TITLOW

Docket No.: 12-414
Certiorari Granted: Feb 25 2013
Argued: October 8, 2013
Decided: November 5, 2013

Topics:

AEDPA, Sixth Amendment, Supremacy Clause, copyright, habeas, habeas corpus, ineffective assistance of counsel, murder, sentencing guidelines

PartyNames: Sherry L. Burt, Warden v. Vonlee Nicole Titlow
Petitioner: Sherry L. Burt, Warden
Respondent: Vonlee Nicole Titlow

Court Below: United States Court of Appeals for the Sixth Circuit
Citation: 680 F.3d 577
Supreme Court Docket

Sherry L. Burt, Warden
v.
Vonlee Nicole Titlow
Question Presented:

1. Whether the Sixth Circuit failed to give appropriate deference to a Michigan state court under AEDPA in holding that defense counsel was constitutionally ineffective for allowing Respondent to maintain his claim of innocence. 2. Whether a convicted defendant's subjective testimony that he would have accepted a plea but for ineffective assistance, is, standing alone, sufficient to demonstrate a reasonable probability that defendant would have accepted the plea. 3. Whether Lafler always requires a state trial court to resentence a defendant who shows a reasonable probability that he would have accepted a plea offer but for ineffective assistance, and to do so in such a way as to "remedy" the violation of the defendant's constitutional right.

BURT v. TITLOW
ORAL ARGUMENT

October 8, 2013

Listen to Oral Argument in BURT v. TITLOW
Holding: REVERSED
Vote: 9-0
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