 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Copas v. State4/11/2000
egation of fact regarding ineffective assistance of counsel. In order for a movant to be entitled to an evidentiary hearing on a Rule 24.035 motion, the movant must meet three requirements: (1) movant must allege facts not conclusions which, if true, would warrant relief; (2) the facts must not be refuted by the record; and (3) the allegations of the movant must have resulted in prejudice. Rollins v. State, 974 S.W.2d 593, 595 (Mo. App. 1998). The motion court need not conduct an evidentiary hearing if it determines "the motion and the files and records of the case conclusively show that the movant is entitled to no relief." Rule 24.035(h).
The state does not even respond to this claim in its brief. It points to nothing in the record, and we have found nothing, that contradicts that allegation. Implausible as Copas' claim may seem, the record before us fails to refute the allegation that his plea was rendered involuntary by the affirmative misrepresentation of counsel about who would bear the burden of proof at trial. We need not determine whether knowledge of the burden of proof is a direct or collateral consequence of a guilty plea. This Court has previously pointed out that the distinction between direct and collateral consequences is unimportant and a different rule applies where counsel misinforms his client regarding a particular consequence and the client relies upon the misrepresentation in deciding to plead guilty. Redeemer, supra. If counsel affirmatively misrepresents a collateral consequence of pleading guilty to a defendant and the defendant relies upon that misrepresentation in making a decision to plead guilty, counsel's misrepresentation may result in an ineffective assistance of counsel.
The pleaded facts, taken as true, may support Copas' claim of ineffective assistance of counsel. Id. at 572. If counsel made a statement to Copas that he would have to prove his innocence, the statement may have affected Copas' decision to plead guilty, and consequently, the voluntariness of Copas' plea. We cannot say as a matter of law on the sparse record before us that Copas' belief was unreasonable or there was no prejudice. Therefore, an evidentiary hearing is necessary to determine if Copas received ineffective assistance of counsel.
This case illustrates the benefits of a plea court exceeding the minimum requirements when advising a defendant on the record during a guilty plea. See Flood v. State, 476 S.W.2d 529, 535-37 (Mo. 1972) (concurring opinion of Judge Donnelly). Although no particular litany is required, a more extensive record than made here would obviate many challenges to guilty pleas and often dispense with the need to hold an evidentiary hearing. Where the plea court advises the defendant of other constitutional incidents of a trial than those required by Rule 24.02(b), the record refutes later allegations by a defendant that he was uninformed or misinformed of various consequences of pleading guilty.
We reverse and remand for an evidentiary hearing on Copas' allegation that his plea counsel rendered ineffective assistance of counsel by affirmatively misrepresenting the state's burden of proof in a criminal trial.
Separate Opinion: None
Page 1 2 3 4 Missouri DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|