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Danny Raymond Morgan v. Florida
IFP petition · District Court of Appeal of Florida, Fourth District, No. 4D2024-1554 · judgment May 29, 2025
Question presented
Ineffective Assistance – Guilty Plea Induced by Misadvice: Whether a criminal defendant is denied the effective assistance of counsel, in violation of the Sixth and Fourteenth Amendments, when trial counsel affirmatively misadvises the defendant that a viable affirmative defense (involuntary intoxication due to prescribed medication) is not available – thereby inducing the defendant to plead guilty – despite this Court's precedents holding that such misadvice can render a plea involuntary (Hill v. Lockhart). In particular, does a state court conflict with Strickland v. Washington and Hill v. Lockhart by rejecting relief despite unrefuted evidence that, but for counsel's erroneous advice about the defense, the defendant would have insisted on a trial?
Counsel of record
For petitioner
William Mallory Kent
Kent & McFarland
For respondent
Celia A. Terenzio
Case
Conference history
Distributed for 1 conference
Proceedings
- Dec 08 2025Petition DENIED.
- Nov 13 2025DISTRIBUTED for Conference of 12/5/2025.
- Nov 07 2025Waiver of right of respondent Florida to respond filed.
- Oct 09 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 4, 2025)