guilty plea waives the right to claim ineffective assistance of counsel on appeal, except to the extent that the defects complained of caused the plea to be less than knowing and voluntary
How later courts described this case
- guilty plea waives the right to claim ineffective assistance of counsel on appeal, except to the extent that the defects complained of caused the plea to be less than knowing and voluntary
Written by the judges who cited it.
The opinion
Brogan, Judge,
concurring.
I concur in Judge Grady’s opinion. Although the record fails to establish why the appellant’s trial was set outside the ninety-day requirement for
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incarcerated defendants, I will presume the regularity of the proceedings below in the absence of evidence to the contrary.
An accused is entitled to a reasonably effective counsel and a plea of guilty does not automatically insulate the accused’s conviction from collateral attack if it can be demonstrated that defense counsel failed to adequately represent the accused prior to counseling his client to enter a plea of guilty. I believe the resolution of that issue is appropriately commended to resolution in postconviction proceedings.