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Michael Tyler Baggott v. Florida

Paid petition · District Court of Appeal of Florida, Fifth District, No. 5D20-1035 · judgment August 11, 2020


Certiorari denied · January 11, 2021
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

I. Whether the reasoning of Lee v. United States, 137 S. Ct. 1958 (2017) extends to defendants facing lifelong sex offender registration conditions from a conviction and therefore prevents a court from summarily denying a claim of ineffective assistance of counsel based on a finding of lack of prejudice resulting from a defendant’s decision not to go to trial that was based entirely on their lawyer’s incorrect advice that the sole defense to the charges would not be available at trial. II. Whether a defendant must prove the existence of a plea offer to be entitled to an evidentiary hearing on a claim of ineffective assistance of counsel arising out of his counsel’s failure to attempt plea negotiations.

Counsel of record

For petitioner
William Mallory Kent
Kent & McFarland

For respondent
Rebecca Rock McGuigan
Office of Florida Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 16 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Dec 14 2020
    Waiver of right of respondent State of Florida to respond filed.
  4. Nov 06 2020
    Petition for a writ of certiorari filed. (Response due December 14, 2020)