Phillips, Kenneth Wayne
WR-82,412-04
| Tex. App. | Apr 15, 2015Background
- Applicant Kenneth Phillips, a pro se prisoner, files a habeas corpus motion challenging his 35-year sentence from Harris County, Texas.
- The motion argues ineffective assistance of counsel during plea negotiations by Attorney Reo Harris, specifically regarding a 15-year plea offer.
- Phillips purportedly accepted a 15-year offer but his attorney failed to communicate it to the prosecution, leading to a harsher later sentence.
- Evidence allegedly includes voir dire-like testimony, statements from the prosecutor Mia Magness, and video surveillance showing Phillips’ unmasked face.
- Phillips relies on United States Supreme Court and Texas decisions (e.g., Frye, Lafler, Hill, McMann) to claim prejudice from counsel’s deficient performance.
- Relief sought includes returning to the 15-year offer or other appropriate justice relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance during plea negotiations | Phillips asserts Harris failed to communicate the 15-year offer. | Harris contends he complied with duties and advised as required. | Not stated. |
| Prejudice from rejected plea offer | But-for counsel’s advice, Phillips would have accepted the 15-year deal. | Court must assess whether rejection caused prejudice. | Not stated. |
| Application of Strickland to plea deals | Strickland applies to plea contexts; prejudice shown by Lafler/Frye. | Strickland standard governs performance/prejudice in pleas as well. | Not stated. |
| Whether Frye/Lafler require reoffering the 15-year deal | Rights violated when offer lapsed due to counsel’s deficient performance. | Prosecution not obligated to reoffer after lapse. | Not stated. |
| Relief and remedy | Court should return to 15-year sentence or provide equivalent relief. | Relief appropriate per law and precedent. | Not stated. |
Key Cases Cited
- Missouri v. Frye, 566 U.S. 134 (U.S. 2012) (duty to communicate formal plea offers; prejudice if not communicated)
- Lafler v. Cooper, 566 U.S. 156 (U.S. 2012) (prejudice from rejected plea offers; plea negotiations matter in outcome)
- Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (Strickland standard applies to guilty pleas)
- McMann v. Richardson, 397 U.S. 759 (U.S. 1970) (establishes ineffective assistance standard)
- Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010) (counsel's duty regarding immigration consequences)
- Gillum v. State, 959 S.W.2d 642 (Tex. App.—Houston (1st Dist.) 1995) (Tex. App. reversal on involuntary plea)
- Aba Gin v. State, 921 S.W.2d 807 (Tex. App.—Houston (14th Dist.) 1995) (commentary on erroneous advice in plea)