Ex Parte Gaither (Original)
Annotate this Case
In 2011, Applicant Michael Gaither pled guilty to one count each of burglary and engaging in organized criminal activity and was sentenced to eighteen months' imprisonment for the burglary and ten years' imprisonment for engaging in organized criminal activity. The sentences were ordered to run concurrent with each other, but consecutive to applicant's sentence for a 2006 burglary. Under the terms of the plea agreement, applicant waived his appellate rights. In 2012, applicant filed an application for a writ of habeas corpus, alleging ineffective assistance of trial counsel. Specifically, applicant claimed that counsel was constitutionally deficient for giving him factually incorrect information about his sentences and for failing to object to the imposition of consecutive sentences. After reviewing the trial judge's findings, the Supreme Court agreed with the trial court that applicant presented no meritorious issues. Furthermore, the Court shared the trial court's concern that applicant had abused the writ process, so the Supreme Court remanded the case and instructed the judge to make additional findings of fact to help it determine if applicant's statements were indeed perjurious. The Court adopted these supplemental findings and agreed with the trial judge that, in using information he knew to be false to fill out his application, applicant has abused the writ process. The Court denied relief applicant's habeas application and cited him for abuse of the writ.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.