Friday, November 16, 2012

Tenth Circuit -- Clayton v. Jones

Where counsel tells client that he'll be home by Christmas with a guilty plea, and a life sentence results, and counsel then doesn't file a direct appeal after explicit instruction, it's ineffective assistance.

(Plaintiff has been imprisoned for 30 years.)

Remand so lower court can explain why it ordered withdrawal of plea as opposed to out of time appeal.

Clayton v. Jones
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.