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Habeas Supreme Court Opinion

by Townsend, Karen


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.”)