Kevin Washington v. Robert O. Lampert

Kevin Washington, a state prisoner convicted of aggravated murder and other offenses, appeals the district court’s denial of his petition for a writ of habeas corpus. In his habeas petition, Washington asserts a claim of ineffective assistance of counsel (“IAC”) in the negotiation and execution of his sentencing stipulation, which waived his right to appeal in exchange for a stipulated sentence of life imprisonment with the possibility of parole.

While a district court has habeas jurisdiction under 28 U.S.C. §§ 2241 and 2254, whether the district court here had jurisdiction turns on whether Washington’s waiver of his right to file a federal habeas petition is enforceable with respect to an IAC claim that challenges the validity of the waiver itself. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

BACKGROUND

I. State Court Trial

In December 1994, during the course of a robbery, Kevin Washington (‘Washington”) murdered James Loupe (“Loupe”) in the presence of Loupe’s children. Washington was found guilty of two counts of aggravated murder, first degree robbery, first degree burglary, and second degree assault.

Before the sentencing phase of trial, the State…