Titlow v. Burt, 2012 U.S. App. LEXIS 10241

Titlow, a transgender prisoner, was convicted in Michigan state court of second-degree murder of her uncle, Donald Rogers, in August 2000.
She initially accepted a plea to manslaughter with a 7–15 year sentence in exchange for testifying against Billie Rogers and waiving appeal issues; the plea was negotiated by Lustig.
Before sentencing, Titlow changed attorneys to Toca; Toca did not adequately review the defense file or the discovery materials before advising withdrawal of the plea.
Titlow ultimately stood trial in March 2002, was convicted of second-degree murder, and sentenced to 20–40 years’ imprisonment.
The Michigan Court of Appeals affirmed, and Titlow pursued federal habeas relief under 28 U.S.C. § 2254 in the district court, which denied relief but granted a certificate of appealability.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Toca's plea-bargaining representation was ineffective	Titlow argues Toca failed to investigate and advise properly, causing an uninformed withdrawal of the plea	Toca contends his advice was reasonable and the state court properly weighed the record	Titlow's claim succeeds; district court erred in rejecting ineffective-assistance claim under Strickland/Lafler framework
What remedy is appropriate for the violated Sixth Amendment right	Remedy should align with Lafler and remand to reoffer the original plea	State should not be forced to reoffer; could proceed with resentencing	Remand with 90 days to reoffer the original plea or, if not, release Titlow; trial court may consider remaking remedy consistent with Lafler

Strickland v. Washington, 466 U.S. 668 (1984) (establishes two-prong test for ineffective assistance)
Hill v. Lockhart, 474 U.S. 52 (1985) (applies Strickland to plea bargaining)
Lafler v. Cooper, 132 S. Ct. 1376 (2012) (prejudice from rejected plea; remedy when plea is in play)
Smith v. United States, 348 F.3d 545 (2003) (duty to inform client about elements and sentencing exposure)
Magana v. Hofbauer, 263 F.3d 542 (2001) (affidavits from counsel; considerations of plea negotiations)
Moss v. United States, 323 F.3d 445 (2003) (pre-plea guidance may be deficient; evaluation of counsel's duties)
Short v. United States, 471 F.3d 686 (2006) (heavy burden to show counsel failed to learn facts of the case)
Dickerson v. Bagley, 453 F.3d 690 (2006) (investigation as part of reasonable performance)
Dando v. Yukins, 461 F.3d 791 (2006) (limits deference for incomplete investigations)
Williams v. Taylor, 529 U.S. 362 (2000) (definition of reasonable probability and standard of review)
Cullen v. Pinholster, 131 S. Ct. 1388 (2011) (AEDPA deference; use record before state court)