FOOKS v. LUTHER
2:19-cv-01105
| W.D. Pa. | Jun 27, 2025Background
- Khamal Fooks pled guilty to third-degree murder in Allegheny County, Pennsylvania, in 2015, receiving a sentence of 20-40 years as part of a plea deal that dropped a robbery charge.
- Fooks later alleged that his counsel, Attorney Thomassey, misadvised him that he would be eligible for parole after 10 years, when Pennsylvania law required a 20-year minimum.
- His claims of ineffective assistance were denied by the state court without an evidentiary hearing, with the court relying on written and oral plea colloquies where Fooks affirmed no promises had been made aside from those in the record.
- The Third Circuit remanded the case to federal district court for an evidentiary hearing, noting Fooks’ allegations, if proven, could establish ineffective assistance under federal law.
- An evidentiary hearing was held in 2024, where Fooks, his family, and counsel testified; the court found the contemporaneous letters written by Fooks after his plea undermined his claim of misadvice on parole.
- The Court denied Fooks’ federal habeas petition and request for a certificate of appealability, finding no ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance based on parole advice | Thomassey told Fooks he would be parole eligible in 10 years | Thomassey did not misadvise; letters don't mention it | No ineffective assistance; petition denied |
| Voluntariness of guilty plea | Plea was not voluntary due to misadvice about parole | Plea colloquy shows Fooks understood sentence | Plea voluntary; no contradiction in the record |
| Evidentiary hearing right on habeas | Entitled to prove facts supporting ineffective assistance | No facts to undermine state-court finding | Hearing held; claim not corroborated |
| Prejudice from alleged misadvice | Would not have pled guilty but for misadvice on parole | No evidence he relied on misadvice at time of plea | No prejudice established; claim fails on merits |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes standard for ineffective assistance of counsel)
- Hill v. Lockhart, 474 U.S. 52 (ineffective assistance claims in the context of guilty pleas)
- Burt v. Titlow, 571 U.S. 12 (presumption of adequate assistance and reasonable professional judgment)