John Merzbacher v. Bobby Shearin
2013 U.S. App. LEXIS 1799
| 4th Cir. | 2013Background
- Merzbacher was convicted of child rape and related offenses in Maryland and received concurrent life sentences and a ten-year term.
- Before trial, a ten-year plea offer was discussed in Judge Gordy's chambers; Merzbacher did not accept it and discussions did not finalize all terms.
- Gutierrez and Kanwisher later claimed they conveyed no plea offer; Merzbacher asserted he was not informed of the offer and would have accepted it.
- The Maryland state post-conviction court denied relief, adopting a negative inference that the offer was discussed and rejected, relying on credibility determinations about Gutierrez and Gutierrez’s conduct.
- The federal district court granted habeas relief under 28 U.S.C. § 2254, holding the state court's findings were unreasonable and awarding Merzbacher a chance to accept the prior offer.
- On appeal, the Fourth Circuit reversed the district court, holding that AEDPA deference precluded relief and that the state court’s factual findings were not unreasonable, denying habeas relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the state court’s credibility findings were unreasonable under AEDPA. | Merzbacher | Gutierrez | No; findings were reasonable under AEDPA |
| Whether there was a reasonable probability Merzbacher would have accepted the ten-year plea and it would have been entered. | Merzbacher | State | No; not reasonably probable under Frye/Lafler |
Key Cases Cited
- Missouri v. Frye, 132 S. Ct. 1399 (2012) (prejudice in plea-bargaining requires effective counsel to communicate offers)
- Lafler v. Cooper, 132 S. Ct. 1376 (2012) (prejudice requires that deficient counsel affected plea outcome)
- Hill v. Lockhart, 474 U.S. 52 (1985) (two-part Strickland test applies to guilty-plea cases)
- Strickland v. Washington, 466 U.S. 668 (1984) (deficient performance and prejudice required for ineffective assistance)
- Miller-El v. Cockrell, 537 U.S. 322 (2003) (AEDPA factual-deference standard; clear-and-convincing evidence burden)
- Cagle v. Branker, 520 F.3d 320 (4th Cir. 2008) (credibility findings are factual and presumptionally correct on habeas review)
- Wood v. Allen, 130 S. Ct. 841 (2010) (state-court fact-finding not unreasonable merely because different assessment possible)
- In re Gloria H., 979 A.2d 710 (Md. 2009) ( Maryland law on negative inferences in credibility determinations)
- Lonberger v. Exploration, 459 U.S. 422 (1983) (disbelief does not prove the opposite of fact findings)