Catch 22 / Backed into a corner


Had Mark proceeded with his evidentiary hearing, his trial attorney would have been exposed as representing Mark while knowingly laboring under an unwaivable conflict of interest. Due to that conflict, he failed to relay the 10-year non-cooperation plea offer to Mark. Had Mark not been manipulated (again) and prevented from exposing his trial attorney’s actions, he could have prevailed with his ineffective assistance of counsel claims and could have been granted a new trial, or re-sentenced to the 10-year plea offer that he was never informed of. Mark’s new “Habeas Counsel” and his “Trial Attorney” were colleagues. “Habeas Counsel” chose to withhold this information in order not to expose the “Trial Attorney”. Therefore, Mark had to give up the fight and agree to take the 30-year sentence stipulation.