Andre Maurice Davis

Merzbacher v. Shearin

District Court, D. Maryland · 2010-07-30

The case concerns a federal habeas corpus petition under 28 U.S.C. § 2254 filed by John Joseph Merzbacher, who was convicted in state court of child rape and related offenses and sentenced to multiple life terms. Merzbacher alleged ineffective assistance of counsel because his two trial attorneys failed to inform him of or fully discuss a pretrial plea offer under which the state would recommend and a judge would impose a ten-year sentence. The state post-conviction court denied relief after an evidentiary hearing, relying on one deceased attorney's reputation for dishonesty to discredit her testimony that she had not conveyed the offer and instead finding that Merzbacher had been fully advised and rejected it. The federal district court held that these state-court factual findings were unreasonable in light of the record evidence and that Merzbacher had shown deficient performance and prejudice under Strickland v. Washington, and therefore granted the writ ordering the state to restore the status quo ante so Merzbacher could decide whether to accept the original offer, contingent on a judge's willingness to impose the ten-year sentence.

criminal lawprocedurecivil rights

National Union Fire Insurance v. Porter Hayden Co.

District Court, D. Maryland · 2009-07-07 · cited 3×

Proa v. NRT Mid Atlantic, Inc.

District Court, D. Maryland · 2009-07-01 · cited 4×

Proa v. NRT Mid Atlantic, Inc.

District Court, D. Maryland · 2009-05-27 · cited 17×

Leviton Manufacturing Co. v. Shanghai Meihao Electric, Inc.

District Court, D. Maryland · 2009-05-12 · cited 7×

Proa v. NRT Mid Atlantic Inc.

District Court, D. Maryland · 2009-04-20 · cited 5×

Affiliations

Decision record

Affiliations

Andre Maurice Davis

Decision record