Sunday, May 8, 2011

Ineffective Assistance When Client Wants To Withdraw Plea

The New Jersey Appellate Division has held that a defense attorney provided ineffective assistance of counsel by undercutting the defendant's efforts to withdraw a previously offered guilty plea:

...in the present case the trial judge placed great reliance on his searching inquiry at the time that  the plea was entered, and upon defendant's unequivocal responses. But here, the judge's determination was also undoubtedly colored by defense counsel's statements completely undercutting defendant's claims of innocence and was explicitly colored by defendant's
statement in his letter to counsel regarding his potential willingness to accept a lower plea.

The case was remanded to consider the motion to withdraw the guilty plea with new defense counsel and a new judge. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/05/the-new-jersey-appellate-division-has-held-that-a-defense-attorney-provided-ineffective-assistance-of-counsel-by-undercutting.html

Clients, Current Affairs, Privilege | Permalink

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