Perry Franks v. Cherry Lindamood

JULIA SMITH GIBBONS, Circuit Judge.

Petitioner Perry Franks appeals the order of the district court denying his petition for a writ of habeas corpus. Franks alleges that grant of the writ is warranted because his trial counsel was constitutionally ineffective for failing to file a motion to withdraw his plea of guilty after Franks requested that he do so. He argues that his attorney’s failure to file should be presumed prejudicial under Roe v. Flores-Ortega, 528 U.S. 470, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000). For the following reasons, we affirm the district court’s denial of the writ.

I

On…