Phillips, Kenneth Wayne
WR-82,412-06
Tex. App.Apr 15, 2015Background
- Applicant Kenneth Phillips seeks habeas relief from a 35-year sentence following a guilty plea in Harris County, Texas.
- He contends his trial counsel gave deficient performance during plea negotiations and failed to communicate a favorable 15-year offer from prosecutors.
- He alleges he would have accepted the 15-year offer but for counsel’s erroneous and coercive advice.
- The plea offer of 15 years was presented by the prosecutor; counsel allegedly failed to convey acceptance and timing, leading to a harsher sentence.
- The court cites Missouri v. Frye and Lafler v. Cooper, applying Strickland and related plea-offer precedents to assess prejudice from ineffective assistance of counsel.
- The relief sought is to reoffer the 15-year plea or grant other justice-based remedies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s failure to communicate a formal plea offer violated the Sixth Amendment | Phillips argues counsel failed to convey the 15-year offer and misled him | Harris contends adherence to professional norms; no prejudice shown | Yes; lack of communication and misadvice prejudiced Phillips |
| Whether the rejected 15-year offer and subsequent 35-year sentence constitute reversible error under Strickland and Lafler | Phillips would have accepted the 15-year term but for counsels’ deficient performance | No prejudice shown since trial outcome unknown or independently justified | Prejudice shown; remedies may include reoffer of 15 years under Frye/Lafler framework |
| Whether ABA standards and prompt plea-offer communications apply to this case | Standards require prompt, clear communication of plea offers | Standards are guidelines, not dispositive in this context | Standards support Phillips’s claim of deficient performance |
Key Cases Cited
- Missouri v. Frye, 566 U.S. 134 (2012) (defense counsel must communicate formal offers; prejudice when offer lapses without notice)
- Lafler v. Cooper, 566 U.S. 156 (2012) (prejudice where counsel’s deficient performance leads to harsher plea outcome)
- Hill v. Lockhart, 474 U.S. 52 (1985) (Strickland standard applies to guilty-plea claims of ineffective assistance)
- McMann v. Richardson, 397 U.S. 759 (1970) (calendar test for ineffective assistance; standard for counsel performance)
- Padilla v. Kentucky, 559 U.S. 356 (2010) (right to effective counsel extends to information about plea and collateral consequences)