504 F. App'x 383
6th Cir.2012Background
- Marks pled guilty in Michigan to second-degree murder as part of a deal to drop kidnapping and extortion charges and be sentenced as a non-habitual offender.
- The trial court sentenced Marks to 35 to 70 years in prison.
- Marks claimed his plea was involuntary because his attorney promised a sentence of 22 ½ to 37 ½ years.
- The state appellate and supreme courts denied relief; Marks filed a federal habeas petition under AEDPA.
- The district court denied relief; on appeal, the Sixth Circuit evaluated under 28 U.S.C. § 2254(d).
- Key record evidence included the plea colloquy, the sentencing hearing, pretrial statements, and post-sentencing affidavits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the plea knowing and voluntary despite a promised term? | Marks | Marks | Yes; plea knowing and voluntary |
| Did the state court correctly apply AEDPA standards to the direct-review record? | Marks | State | State court's decision not contrary to or unreasonable application |
| Was an evidentiary hearing required to resolve the affidavits about counsel's promise? | Marks | State | No; no evidentiary hearing necessary |
Key Cases Cited
- Brady v. United States, 397 U.S. 742 (1970) (defendant must understand consequences and commitments)
- Blackledge v. Allison, 431 U.S. 63 (1977) (plea records carry substantial weight in collateral review)
- McAdoo v. Elo, 365 F.3d 487 (6th Cir. 2004) (maximum and minimum terms explained at plea may cure misperceptions)
- Harrington v. Richter, 131 S. Ct. 770 (2011) (AEDPA standard for state-court decisions on merits)
- Montes v. Trombley, 599 F.3d 490 (6th Cir. 2010) (Michigan guidelines provide minimum sentence; maximum set by statute)
- Pinholster v. Supreme Court, 131 S. Ct. 1388 (2011) (limitations on evidentiary development under § 2254(d)(2))