Avila v. Richardson

Dist. Ct. erred in denying defendant’s habeas petition challenging his guilty plea to sexual assault of child and production and possession of child pornography charges, where defendant alleged that his trial counsel was ineffective for informing him that he would receive only 5-year sentence if he pleaded guilty, and where defendant ultimately received 35-year sentence. While state court found that defendant had waived any ineffective assistance of counsel charge by entering into said guilty plea, defendant was entitled to challenge his guilty plea under Hill, 474 US 52, where defendant alleged that plea itself was result of ineffective assistance of counsel. As such, remand was required to generate record as to whether defendant’s trial counsel was actually ineffective.