holding that "[p]roviding [an] understanding of the law in relation to the facts is the function of the accused's appointed counsel"
How later courts described this case
- holding that "[p]roviding [an] understanding of the law in relation to the facts is the function of the accused's appointed counsel"
Written by the judges who cited it.
The opinion
BELL, Circuit Judge
(specially concurring) :
I concur in the result reached that appointed counsel was ineffective under the circumstances.
The district court did not really come to grips with the issue of the alleged ineffectiveness of counsel. The focus was on the Boykin claim, and on the claim that the pleas of guilty were not voluntarily made. The claim of ineffectiveness of counsel having been considered in a tangential fashion if at all, we would normally remand for findings and conclusions on this issue. However, this is the second appearance of the case in this court and it is in the interest of both petitioner and the public to conclude it if possible. The public has the right to hold petitioner responsible on the charges against him, and he has the right to plead anew, either guilty or not guilty.
I agree that the matter can be concluded on the basis of ineffectiveness of counsel, given the hurried process employed and the irrefutable proof of ineffectiveness which appears in the fact that petitioner pleaded and was sentenced to felonies on three counts which were in fact misdemeanors. It is also admitted that counsel did not familiarize himself with the facts as to any of the charges or make any judgment as to whether petitioner should plead guilty. These facts make out ineffectiveness of counsel as a matter of law.
I do, however, fully agree with Judge Bootle that petitioner failed to prove his claim that the state trial judge accepted the pleas of guilty in the face of petitioner’s protestations of innocence. I do not understand the majority to hold otherwise.