Davidson v. United States of America

Filing 9

MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that pursuant to 18 U.S.C. § 3006A(a)(2), Stephen R. Welby, the Welby Law Firm, 1221 Locust Street, Suite 407, St. Louis, Missouri 63103, is appointed as counsel to represent p etitioner Torrey Davidson in these proceedings. The Clerk's Office shall provide counsel with a copy of any requested Court documents at no charge. IT IS FURTHER ORDERED that there will be a telephone status conference with counsel to discuss s cheduling issues on Friday, September 7, 2012 at 1:30 p.m. The Court will initiate the conference call with counsel. Petitioner's appearance at the scheduling conference is not required. Signed by District Judge Catherine D. Perry on 08/30/2012. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TORREY DAVIDSON,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Defendant.

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Case No. 4:11CV1370 CDP

MEMORANDUM AND ORDER
Torrey Davidson’s motion to vacate, set aside, or correct his sentence under
28 U.S.C. § 2255 is before me on my review of the file. In Ground 3 of his
motion, Davidson claims that he received ineffective assistance of counsel when
his attorney failed to communicate his acceptance of a three-year plea agreement
to the government. The government does not deny that a plea offer was made, but
only claims it has no record of it. It appears that an evidentiary hearing will be
necessary to resolve Davidson’s claims. See Missouri v. Frye, 132 S. Ct. 1399
(2012); Lafler v. Cooper, 132 S. Ct. 1376 (2012).
Accordingly,
IT IS HEREBY ORDERED that pursuant to 18 U.S.C. § 3006A(a)(2),
Stephen R. Welby, the Welby Law Firm, 1221 Locust Street, Suite 407, St. Louis,
Missouri 63103, is appointed as counsel to represent petitioner Torrey Davidson

in these proceedings. The Clerk’s Office shall provide counsel with a copy of any
requested Court documents at no charge.
IT IS FURTHER ORDERED that there will be a telephone status
conference with counsel to discuss scheduling issues on Friday, September 7,
2012 at 1:30 p.m. The Court will initiate the conference call with counsel.
Petitioner’s appearance at the scheduling conference is not required.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 30th day of August, 2012.

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