TURNER v. U.S.

No. 15-6060.

885 F.3d 949 (2018)

John R. TURNER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 23, 2018.


Attorney(s) appearing for the Case

ARGUED EN BANC: Robert L. Hutton , Glankler Brown, PLLC, Memphis, Tennessee, for Appellant. Kevin G. Ritz , United States Attorney's Office, Memphis, Tennessee, for Appellee. ON SUPPLEMENTAL BRIEF: Robert L. Hutton , Glankler Brown, PLLC, Memphis, Tennessee, for Appellant. Kevin G. Ritz , Murrell G. Martindale , United States Attorney's Office, Memphis, Tennessee, for Appellee. Steven J. Mulroy , University of Memphis, Memphis, Tennessee, Stephen Ross Johnson , Ritchie, Dillard, Davies & Johnson, P.C., Knoxville, Tennessee, Adam Lamparello , Newport, Kentucky, for Amici Curiae.

BATCHELDER, J., delivered the opinion of the court in which GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, KETHLEDGE, THAPAR, and BUSH, JJ., joined, and CLAY and WHITE, JJ., joined in the result. BUSH, J. (pp. 955-66), delivered a separate dubitante opinion in which KETHLEDGE, J., joined. CLAY, J. (pp. 966-76), delivered a separate concurrence in the judgment only in which WHITE, J., joined in Part I. WHITE, J. (pp. 976-77), delivered a separate concurrence in the judgment only. STRANCH, J. (pp. 977-84), delivered a separate dissent, in which COLE, C.J., and MOORE and DONALD, JJ., joined.


OPINION

Appellant John Turner asks us to overrule nearly four decades of circuit precedent holding that the Sixth Amendment right to counsel does not extend to preindictment plea negotiations. See United States v. Moody, 206 F.3d 609, 614-15 (6th Cir. 2000) (citing...

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