Premo v. Moore

131 S.Ct. 733 (2011)

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Nature of the Case

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Facts

P and two confederates attacked Kenneth Rogers at his home, bloodied him, tied him with duct tape and threw him in the trunk of a car. They drove into the Oregon countryside, and P shot Rogers in the temple, killing him. P and one of his accomplices told two people--Moore's brother and the accomplice's girlfriend--about the crimes. On the advice of counsel P agreed to plead no contest to felony murder in exchange for a sentence of 300 months, the minimum sentence allowed. P filed for post-conviction relief alleging that he had been denied his right to effective assistance of counsel. P's lawyer had not filed a motion to suppress his confession to police in advance of the lawyer's advice that P considered before accepting the plea offer. The Oregon court concluded because of the other admissible confession by P, to which two witnesses could testify P's trial counsel represented P properly. Counsel had discussed with P the futility of suppressing when another admissible confession could be obtained from two other people. In addition, P could be charged with aggravated murder or be given a life sentence without possibility of parole. Further additional evidence could be uncovered while awaiting trial. P filed the petition in United States District Court. It denied the petition. The Ninth Circuit reversed. The Supreme Court granted certiorari.