United States v. Richard Wilford, 22-6793

Richard Anthony Wilford filed a motion under 28 U.S.C. § 2255, claiming ineffective assistance of counsel during plea negotiations in his criminal case.
Wilford alleged he declined a plea deal based on his counsel’s advice that a pending motion to suppress had a “good chance of winning,” though it was later unsuccessful.
The district court denied relief without an evidentiary hearing, finding the suppression motion was not frivolous and the record showed Wilford intended to go to trial regardless.
The Fourth Circuit granted a partial certificate of appealability, focusing on whether an evidentiary hearing was required for his ineffective assistance claim related to the plea process.
The plea deal allegedly offered a sentence of about eight years, but Wilford received a significantly longer sentence after trial.
On appeal, Wilford also raised another ineffective assistance claim regarding failure to object to the lack of formal arraignment, which was denied without a certificate of appealability.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court erred by not holding an evidentiary hearing on ineffective assistance during plea negotiations	Wilford claims counsel misadvised him about the chances of success on a suppression motion, causing him to reject a favorable plea deal	The government argues the suppression motion was not frivolous and records show Wilford intended to go to trial	Court vacated and remanded for an evidentiary hearing
Ineffective assistance claim regarding failure to object to no formal arraignment	Wilford argues counsel failed to object, violating his rights	The government maintains no prejudice resulted from this alleged failure	Court denied certificate of appealability; dismissed the claim

Strickland v. Washington, 466 U.S. 668 (1984) (sets forth the two-prong test for ineffective assistance of counsel)
United States v. Paylor, 88 F.4th 553 (4th Cir. 2023) (district court has discretionary authority regarding evidentiary hearings in § 2255 proceedings)
United States v. Mayhew, 995 F.3d 171 (4th Cir. 2021) (colorable ineffective assistance claims with disputed facts typically require an evidentiary hearing)
United States v. Stephens, 764 F.3d 327 (4th Cir. 2014) (discussing the good faith exception for warrantless GPS tracking prior to changes in law)
Buck v. Davis, 580 U.S. 100 (2017) (standard for granting a certificate of appealability)
Gonzalez v. Thaler, 565 U.S. 134 (2012) (certificate of appealability standards for procedural denials)