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David Minnick v. Dan Winkleski, Warden

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 20-3253 · judgment September 21, 2021


Certiorari denied · March 21, 2022
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Whether the “reasonableness” standard for assessing deficient performance of defense counsel under Strickland v. Washington, 466 U.S. 668 (1984), and Hill v. Lockhart, 474 U.S. 52 (1985), permits a categorical exception immunizing unreasonable advice regarding the likely sentence to be imposed following a guilty plea.

  2. Whether the circumstance-specific reasonableness inquiry for assessing deficient performance of counsel under Strickland and Smith v. Robbins, 528 U.S. 259 (2000), permits application of a standard limiting ineffective assistance of counsel on direct appeal exclusively to circumstances in which counsel’s deficient/ unreasonable performance consists of omitting or overlooking an issue that is “clearly stronger” than those counsel raised on the direct appeal.

Counsel of record

For petitioner
Robert R. Henak
Henak Law Office, S.C.

For respondent
Sarah Lynn Burgundy
Wisconsin Department of Justice

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 21 2022
    Petition DENIED.
  2. Feb 23 2022
    DISTRIBUTED for Conference of 3/18/2022.
  3. Feb 16 2022
    Waiver of right of respondent Dan Winkleski to respond filed.
  4. Jan 21 2022
    Petition for a writ of certiorari filed. (Response due February 25, 2022)