SC20786 - Maia v.
Commissioner of Correction (Ineffective assistance; plea bargaining; “In this certified
appeal, we consider whether trial counsel for the petitioner, Derek Maia, rendered
ineffective assistance when he failed to recommend that the petitioner accept
the court’s pretrial plea offer of a forty-five year sentence of incarceration,
considering that the court sentenced him to sixty years after trial. We
disagree with the habeas court’s determination that counsel’s lack of a
specific recommendation amounted to deficient performance pursuant to Strickland
v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984). As a
result, we reverse the habeas court’s judgment and remand the case to that
court with direction to deny the petitioner’s petition for a writ of habeas
corpus.”)