David Manley v. Brian Belleque

MEMORANDUM

The State appeals the district court’s grant of a petition for a writ of habeas corpus to David Boylen Manley. Because the state court’s resolution of Manley’s claims was not an unreasonable application of clearly established federal law, we reverse the judgment of the district court. Manley presents three claims on appeal.

1. Manley’s first claim is that his plea counsel provided ineffective assistance of counsel because he failed to warn Manley that the State would seek a hearing in aggravation and the maximum sentence (through consecutive and departure sentences). We are unpersuaded.

Plea counsel informed Manley of the maximum possible sentence if he went to trial (around fifty years) and if he pleaded guilty (around thirty-five years). Counsel told Manley that the State could seek consecutive sentences and departure sentences. The two discussed the “sentencing consequences,” including the worst case scenario and the best case scenario. It is true that counsel did not tell Manley that the State would seek a hearing in aggravation or that the State loould seek the maximum sentence, but these omissions did not render counsel’s performance ineffective.

When…