In re: John McFadden

Movant seeks authorization to file a successive habeas corpus application under 28 U.S.C. 2254. Movant alleged that despite multiple attempts over the years to obtain his entire case file from his trial and appellate counsel, it was not until May 2014 that he was provided with a particular document suggesting that his counsel provided constitutionally ineffective assistance. The document is a proposed plea agreement. Movant claims that his counsel was ineffective for failing to communicate this offer and that movant was prejudiced as a result. The court concluded that the plea offer would have no bearing on the deliberations of a reasonable factfinder regarding movant's innocence or guilt. Newly discovered evidence that a defendant may have lost out on a favorable plea offer fits neither of section 2244(b)’s exceptions to the bar on successive habeas applications. Accordingly, the court denied the motion. View "In re: John McFadden" on Justia Law