holding that plea was rendered involuntary as a result of ineffective assistance of counsel due to counsel’s misadvice to defendant that he would be transferred to federal custody upon pleading guilty to state offense
How later courts described this case
- holding that plea was rendered involuntary as a result of ineffective assistance of counsel due to counsel’s misadvice to defendant that he would be transferred to federal custody upon pleading guilty to state offense
- explaining that, in assessing competence, counsel is “accountable for knowledge, or the ability to attain knowledge, of relevant legal matters that are neither novel nor unsettled”
- holding defendant showed prejudice but noting that “not every reliance on erroneous advice is sufficient to justify rendering the plea vulnerable to collateral attack”
- holding that the defendant‘s trial 5 counsel‘s testimony was sufficient to establish that but for counsel‘s advice, the defendant would not have pled guilty
Written by the judges who cited it.
The opinion
KELLER, J.,
delivered a concurring opinion in which MANSFIELD, WOMACK and KEASLER, JJ., joined.
McCORMICK, P.J., concurred only in the result.
HOLLAND, J., did not participate.