Arnold v. Thaler
2011 U.S. App. LEXIS 146
5th Cir.2011Background
- Arnold challenges a Texas conviction and life sentence via 28 U.S.C. § 2254 habeas petition claiming ineffective assistance of counsel for failing to convey two plea offers (25 years, later reduced to 15 years).
- Prosecutor offered 25-year plea to Arnold’s then-lawyer; hardwick obtained a 15-year offer, neither conveyed to Arnold; offer later withdrawn after Arnold’s prior record surfaced.
- New counsel renewed plea discussions; final offer was 40 years, which Arnold rejected and was later sentenced to life.
- State trial court denied post-conviction relief; an evidentiary stipulation stated Arnold would have accepted the offers if informed, but the court misinterpreted the record.
- The district court found no evidence Arnold would have accepted the offer and denied relief; the Fifth Circuit reverses due to erroneous factual finding and remands.
- The court holds Arnold need show a reasonable probability he would have accepted the offer, not that the trial court would have accepted it, to establish prejudice under Strickland/Hill.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s failure to convey the 15-year offer was prejudicial | Arnold would have accepted the offer if informed | Prejudice requires showing the court would have accepted the plea | Prejudice shown; remand for factual development on acceptance likelihood |
| Whether showing the trial court would have accepted the plea is required | No need to prove court would accept | Prejudice depends on court’s acceptance probability | Not required; no additional burden to prove court would accept the plea |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard for ineffective assistance; prejudice requires probability of different outcome)
- Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (prejudice focus on plea process; defendant must show likelihood of rejecting trial in absence of counsel’s error)
- Teague v. Scott, 60 F.3d 1167 (5th Cir. 1995) (ineffective assistance context recognizes standard credibility of failure to relay plea offers)