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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: 2% 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

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, January 11, 2021 · Certiorari denied

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)