Weese 39 the defendant was sentenced to a year and a day in prison The court

Weese 39 the defendant was sentenced to a year and a

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Weese39 the defendant was sentenced to a year and a day in prison. Thecourt refused to allow the withdrawal of the guilty plea in spite of de-31. Comment, Effective Assistance of Counsel in Plea Bargaining: What isthe Standard?, 12 DUQUESNE L. Rv. 321 (1973).32. Boykin v. Alabama, 395 U.S. 238 (1969).33. Brady v. United States, 397 U.S. 742 (1970).34. Comment, supra note 31, at 324.35. Id.; see also Finer, supra note 19.36. See, e.g., Thomson v. Huff, 149 F.2d 842 (D.C. Cir. 1945).37. State v. Tunender, 182 Neb. 701, 157 N.W.2d 165 (1968); see also Note,Guilty Plea Bargaining: Compromise By Prosecutions to Secure Guilty Pleas, 112U. PA. L. REv. 865, 890 (1964).38. 275 F. Supp. 508 (E.D.N.Y. 1967).39. 145 F.2d 135 (2d Cir. 1944).1976]5Gard: Gard: Ineffective Assistance of Counsel--Standards and RemediesPublished by University of Missouri School of Law Scholarship Repository, 1976
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MISSOURI LAW REVIEWfendant's contention that his attorney had assured him that he wouldreceive a suspended sentence.Another error made by attorneys which often leads courts to invali-date guilty pleas is advising a client to plead guilty without an adequateunderstanding of the law or facts involved in the case.40 Thus where anattorney advised his client to plead guilty to a forgery charge but thedefendant could have been prosecuted only for misuse of credit cards(which carried a lesser penalty), ineffective assistance was found.41 Similar-ly, where a defendant's attorney overestimated the possible sentence thedefendant might receive if he did not plead guilty by a factor of six,ineffective assistance was found.42Defendant may also seek to withdraw his guilty plea in other typesof cases involving erroneous attorney advice. In United States ex rel.Scott v. Mancusi43 the court refused to find ineffective assistance of counselin spite of an attorney's erroneous advice that his client could withdrawa guilty plea unilaterally-state law requiring the trial judge's approvalof such withdrawal.B. Trial ConductClaims of ineffective assistance of counsel involving attorney conductat the trial itself are perhaps the most frequently made and tie leastsuccessful of all ineffective assistance claims.44 Courts are extremely re-luctant to second-guess an attorney's motives for doing or not doingsomething at trial and usually dismiss these claims unless there appearsto be no reasonable justification for the attorney's acts. For example, inWilliams v. Beto45 the defendant's attorney did not make any objectionsduring the entire trial. The court dismissed this as a "trial tactic" observ-ing that there was little objectionable material in the record and "hewho often objects, only to have his objections over-ruled, risks alienatingthe jury."46 In Barba-Reyes v. United States47 the defendant was foundwith ninety pounds of marijuana under the back seat of his car by acustoms agent. His attorney did not file a motion to suppress even thoughthe car was searched without a warrant seventy miles north of the Mexi-40. Kott v. Green, 303 F. Supp. 821 (N.D. Ohio 1968).
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