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Interesting split Tenth Circuit ruling on ineffectiveness assistance at plea stage

By Douglas A. Berman

Yesterday the Tenth Circuit handed down an interesting little ruling in Williams vs. Jones, No. 06-7103 (10th Cir, July 8, 2009) (available here), concerning the rules and remedies surrounding ineffective assistance of counsel at the plea stage of a criminal case.  Here is how the per curiam majority opinion starts: Petitioner-Appellant Michael Williams appeals from the district court?s denial of his habeas corpus petition brought pursuant to 28 U.S.C. § 2254. The only issue before us is whether, having determined that Mr. Williams received ineffective assistance of counsel in rejecting a plea offer, the Oklahoma Court of Criminal Appeals (?OCCA?) fashioned a constitutionally permissible remedy.  Our jurisdiction arises under 28 U.S.C. § 1291, and we reverse and remand...continue to full post

Full post as published by Sentencing Law and Policy on July 09, 2009 (boomark / email).