Esslinger v. Davis - Eleventh Circuit U.S. Court of Appeals

Esslinger v. Davis

By Eleventh Circuit U.S. Court of Appeals

  • Release Date: 1995-01-20
  • Genre: Law
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Esslinger v. Davis Eleventh Circuit U.S. Court of Appeals Book Review Score: ★★★★★ 5/5 stars

TJOFLAT, Chief Judge: Danny Eugene Esslinger, having been convicted on a plea of guilty to a charge of first degree rape, is serving a ninety-nine year sentence in the Alabama prison system. He seeks a writ of habeas corpus, under 28 U.S.C. § 2254, vacating that conviction on the ground, among others, that his court-appointed attorney rendered ineffective assistance in violation of the Sixth and Fourteenth Amendments by failing adequately to investigate his case and advising him to plead guilty.1 Following an evidentiary hearing before a magistrate judge, the district court, adopting the magistrate judge's findings and recommendation, denied the writ.2 We conclude that Esslinger's defense attorney's performance constituted ineffective assistance of counsel as a matter of law, and, therefore, direct that the writ issue.

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