Miller v. State

The Supreme Court affirmed the district court’s denial of Appellant’s motion filed under Wyo. R. App. P. 21 to withdraw his no contest pleas based on ineffective assistance of counsel, holding that the advice from Defendant’s fourth trial counsel as to whether Defendant could challenge his convictions after pleas of no contest did not render Defendant’s pleas involuntary. Defendant plead no contest to one count of possession with intent to deliver marijuana and one count of felony possession of marijuana. In his Rule 21 motion, Defendant claimed that his counsel incorrectly advised him he could pursue claims of ineffective assistance of counsel and violation of his right to a speedy trial in an appeal if he entered a no contest plea, rendering his plea involuntary. The district court denied the motion, finding that Defendant did not meet his burden of showing that, but for his counsel’s erroneous advice, Defendant would have insisted on going to trial. The Supreme Court affirmed, holding that the district court did not err in determining that Defendant failed to establish he was prejudiced by the erroneous advice of his trial counsel. View "Miller v. State" on Justia Law

Posted in: Criminal Law

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