Wilson v. Inch

2 Citing cases

  1. McGuire v. Sec'y, Dep't of Corr.

    8:16-cv-1934-KKM-UAM (M.D. Fla. Sep. 22, 2023)

    Thus, as the state court correctly found, McGuire failed to establish prejudice because he offered no basis to conclude that the jury would have believed his version of events. See Wilson v. Inch, No. 19-61879-CIV, 2021 WL 536132, at *12 (S.D. Fla. Jan. 26, 2021) (“Even assuming arguendo that counsel erred in advising him not to testify, Petitioner's presupposition, that the jury would have found him credible, is insufficient to establish a reasonable probability that, but for counsel's . . . errors, the result of the proceeding would have been different.” (citation omitted)), adopted by 2021 WL 535376 (S.D. Fla. Feb. 13, 2021).

  2. Garcia-Solar v. United States

    No. 20-CV-10138-KMM (S.D. Fla. Oct. 25, 2021)

    But such “self-serving statement after the fact that he desired to plead guilty, without more, is insufficient to establish that he would have accepted a plea offer but for his counsel's [alleged failure to communicate the plea offer].” Wilson v. Inch, No. 19-61879-CIV, 2021 WL 536132, at *10 (S.D. Fla. Jan. 26, 2021), report and recommendation adopted, No. 19-CV-61879, 2021 WL 535376 (S.D. Fla. Feb. 13, 2021) (citations omitted); see also Diaz, 930 F.2d 832, 835 (11th Cir. 1991) (finding that the district court could have concluded that appellant “did not establish a reasonably probability that, absent counsel's alleged ineffective assistance, he would have accepted the plea agreement”).