Morris v. Bartow

In 2000, Morris and Smith were sitting in Morris’s car. Morris fired a handgun, killing Smith. Later that day, Smith’s body was found in a Milwaukee alley. Morris, charged with first‐degree reckless homicide while using a dangerous weapon, retained attorney Backes. On the day set for trial, Backes stated that Morris wanted a new lawyer and that he was not prepared for trial because he believed, until two days earlier, that Morris planned to plead guilty. The court offered to postpone the trial for two days. The prosecutor stated, contrary to its earlier position, that if the case went to trial the state would seek leave to increase the charge to first‐degree intentional homicide. The judge never responded. Morris agreed to plead guilty to first‐degree reckless homicide, without the enhancement for being armed. The judge conducted a plea colloquy: Morris stated that no one had made any threats or in any way forced him to plead guilty and that he was satisfied with attorney Backes, who was also satisfied that the plea was knowing and voluntary. After pleading guilty, Morris fired Backes and hired attorney Awen. At no point before or during sentencing did either move to withdraw his guilty plea or question the plea's voluntariness. The court sentenced Morris to 30 years. The Seventh Circuit affirmed denial of federal habeas relief. Morris was under strong pressures, but the evidence did not show that his plea was involuntary. View "Morris v. Bartow" on Justia Law