hill
lockhart
argued
october
decided
november
pursuant
agreement
petitioner
pleaded
guilty
arkansas
charges
murder
theft
property
accepted
plea
sentencing
accordance
state
recommendations
concurrent
sentences
years
murder
years
theft
petitioner
later
filed
federal
habeas
corpus
petition
alleging
inter
alia
guilty
plea
involuntary
reason
ineffective
assistance
counsel
attorney
misinformed
pleaded
guilty
become
eligible
parole
serving
prison
sentence
whereas
arkansas
law
petitioner
second
offender
required
serve
sentence
becoming
eligible
parole
district
denied
habeas
relief
without
hearing
appeals
affirmed
held
district
err
declining
hold
hearing
petitioner
claim
pp
defendant
enters
guilty
plea
upon
counsel
advice
voluntariness
plea
depends
whether
advice
within
range
competence
demanded
attorneys
criminal
cases
standard
adopted
strickland
washington
evaluating
claims
ineffective
assistance
counsel
requiring
defendant
show
counsel
representation
fell
objective
standard
reasonableness
reasonable
probability
counsel
unprofessional
errors
result
proceeding
different
applies
guilty
plea
challenges
based
ineffective
assistance
counsel
order
satisfy
second
prejudice
requirement
defendant
must
show
reasonable
probability
counsel
errors
pleaded
guilty
insisted
going
trial
pp
present
case
unnecessary
determine
whether
may
circumstances
erroneous
advice
counsel
parole
eligibility
may
deemed
constitutionally
ineffective
assistance
counsel
petitioner
allegations
insufficient
satisfy
prejudice
requirement
allege
habeas
petition
counsel
correctly
informed
parole
eligibility
date
pleaded
guilty
insisted
going
trial
allege
special
circumstances
might
support
conclusion
placed
particular
emphasis
parole
eligibility
deciding
whether
plead
guilty
rehnquist
delivered
opinion
burger
brennan
marshall
blackmun
powell
joined
white
filed
opinion
concurring
judgment
stevens
joined
post
jack
lassiter
appointment
argued
cause
filed
brief
petitioner
john
steven
clark
attorney
general
arkansas
argued
cause
respondent
brief
alice
ann
burns
deputy
attorney
general
justice
rehnquist
delivered
opinion
petitioner
william
lloyd
hill
pleaded
guilty
arkansas
trial
charges
murder
theft
property
two
years
later
sought
federal
habeas
relief
ground
attorney
failed
advise
second
offender
required
serve
sentence
becoming
eligible
parole
district
eastern
district
arkansas
denied
relief
without
hearing
en
banc
appeals
eighth
circuit
affirmed
equally
divided
granted
certiorari
difference
result
reached
present
case
reached
appeals
fourth
circuit
strader
garrison
affirm
judgment
appeals
eighth
circuit
conclude
petitioner
failed
allege
kind
prejudice
allegedly
incompetent
advice
counsel
entitled
hearing
arkansas
law
murder
charge
petitioner
pleaded
guilty
carried
potential
sentence
years
life
prison
along
fine
ark
stat
ann
petitioner
attorney
negotiated
plea
agreement
pursuant
state
return
petitioner
plea
guilty
murder
theft
charges
agreed
recommend
trial
judge
impose
concurrent
prison
sentences
years
murder
years
theft
petitioner
signed
written
plea
statement
indicating
understood
charges
consequences
pleading
guilty
plea
induced
force
threat
promise
apart
plea
agreement
realized
trial
judge
bound
plea
agreement
retained
sole
power
sentence
discussed
plea
agreement
attorney
satisfied
attorney
advice
last
two
lines
plea
statement
petitioner
signature
read
aware
everything
document
fully
understand
rights
voluntarily
plead
guilty
guilty
charged
petitioner
appeared
trial
judge
plea
hearing
recounted
events
gave
rise
charges
affirmed
signed
understood
written
plea
statement
reiterated
threats
promises
made
plea
agreement
entered
plea
guilty
charges
trial
judge
accepted
guilty
plea
sentenced
petitioner
accordance
state
recommendations
trial
judge
also
granted
petitioner
credit
time
already
served
prison
told
petitioner
ou
required
serve
least
time
eligible
parole
two
years
later
petitioner
filed
federal
habeas
corpus
petition
alleging
inter
alia
guilty
plea
involuntary
reason
ineffective
assistance
counsel
attorney
misinformed
parole
eligibility
date
according
petitioner
attorney
told
pleaded
guilty
become
eligible
parole
serving
prison
sentence
fact
petitioner
previously
convicted
felony
florida
classified
arkansas
law
second
offender
required
serve
sentence
becoming
eligible
parole
ark
stat
ann
petitioner
asked
district
eastern
district
arkansas
reduce
sentence
term
years
result
becoming
eligible
parole
conformance
original
expectations
district
denied
habeas
relief
without
hearing
noted
neither
arkansas
federal
law
required
petitioner
informed
parole
eligibility
date
prior
pleading
guilty
concluded
even
petitioner
misled
attorney
advice
parole
eligibility
consequence
petitioner
guilty
plea
misinformation
renders
plea
involuntary
also
held
even
attorney
advice
concerning
eligibility
wholly
accurate
advice
render
attorney
performance
constitutionally
inadequate
divided
panel
appeals
eighth
circuit
affirmed
holding
parole
eligibility
collateral
rather
direct
consequence
guilty
plea
defendant
need
informed
district
err
declining
hold
hearing
petitioner
claims
one
judge
dissented
arguing
hearing
held
determine
whether
attorney
alleged
mistake
informing
petitioner
applicable
law
constituted
ineffective
assistance
counsel
warranted
vacating
guilty
plea
heaney
dissenting
rehearing
en
banc
appeals
affirmed
judgment
district
equally
divided
longstanding
test
determining
validity
guilty
plea
whether
plea
represents
voluntary
intelligent
choice
among
alternative
courses
action
open
defendant
north
carolina
alford
see
boykin
alabama
machibroda
petitioner
contend
plea
involuntary
unintelligent
simply
state
officials
failed
supply
information
parole
eligibility
date
never
held
constitution
requires
state
furnish
defendant
information
parole
eligibility
order
defendant
plea
guilty
voluntary
indeed
constitutional
requirement
inconsistent
current
rules
procedure
governing
entry
guilty
pleas
federal
courts
see
fed
rule
crim
proc
advisory
committee
notes
amendment
fed
rule
crim
proc
federal
courts
generally
required
inform
defendant
parole
eligibility
accepting
guilty
plea
instead
petitioner
relies
entirely
claim
plea
involuntary
result
ineffective
assistance
counsel
attorney
supplied
information
parole
eligibility
erroneous
defendant
represented
counsel
plea
process
enters
plea
depends
whether
counsel
advice
within
range
competence
demanded
attorneys
criminal
cases
mcmann
richardson
explained
tollett
henderson
defendant
pleads
guilty
upon
advice
counsel
may
attack
voluntary
intelligent
character
guilty
plea
showing
advice
received
counsel
within
standards
set
forth
mcmann
concern
mcmann
richardson
quality
counsel
performance
advising
defendant
whether
plead
guilty
stemmed
general
principle
defendants
facing
felony
charges
entitled
effective
assistance
competent
counsel
see
reece
georgia
powell
alabama
two
terms
ago
strickland
washington
adopted
standard
evaluating
claims
ineffective
assistance
counsel
citing
mcmann
reiterated
hen
convicted
defendant
complains
ineffectiveness
counsel
assistance
defendant
must
show
counsel
representation
fell
objective
standard
reasonableness
also
held
however
defendant
must
show
reasonable
probability
counsel
unprofessional
errors
result
proceeding
different
additional
prejudice
requirement
based
conclusion
error
counsel
even
professionally
unreasonable
warrant
setting
aside
judgment
criminal
proceeding
error
effect
judgment
although
decision
strickland
washington
dealt
claim
ineffective
assistance
counsel
capital
sentencing
proceeding
premised
part
similarity
proceeding
usual
criminal
trial
standard
seems
us
applicable
claims
arising
plea
process
certainly
justifications
imposing
prejudice
requirement
strickland
washington
also
relevant
context
guilty
pleas
government
responsible
hence
able
prevent
attorney
errors
result
reversal
conviction
sentence
attorney
errors
come
infinite
variety
likely
utterly
harmless
particular
case
prejudicial
classified
according
likelihood
causing
prejudice
defined
sufficient
precision
inform
defense
attorneys
correctly
conduct
avoid
representation
art
act
omission
unprofessional
one
case
may
sound
even
brilliant
another
even
defendant
shows
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counsel
unreasonable
therefore
defendant
must
show
actually
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effect
defense
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inroad
concept
finality
undermines
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integrity
procedures
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volume
judicial
work
inevitably
delays
impairs
orderly
administration
justice
impact
greatest
new
grounds
setting
aside
guilty
pleas
approved
vast
majority
criminal
convictions
result
pleas
moreover
concern
unfair
procedures
may
resulted
conviction
innocent
defendant
rarely
raised
petition
set
aside
guilty
plea
quoting
smith
stevens
dissenting
many
guilty
plea
cases
prejudice
inquiry
closely
resemble
inquiry
engaged
courts
reviewing
challenges
convictions
obtained
trial
example
alleged
error
counsel
failure
investigate
discover
potentially
exculpatory
evidence
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whether
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prejudiced
defendant
causing
plead
guilty
rather
go
trial
depend
likelihood
discovery
evidence
led
counsel
change
recommendation
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assessment
turn
depend
large
part
prediction
whether
evidence
likely
changed
outcome
trial
similarly
alleged
error
counsel
failure
advise
defendant
potential
affirmative
defense
crime
charged
resolution
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inquiry
depend
largely
whether
affirmative
defense
likely
succeeded
trial
see
evans
meyer
inconceivable
us
defendant
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trial
defense
intoxication
done
either
acquitted
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nevertheless
given
shorter
sentence
actually
received
explained
strickland
washington
supra
predictions
outcome
possible
trial
necessary
made
objectively
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regard
idiosyncrasies
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decisionmaker
present
case
claimed
error
counsel
erroneous
advice
eligibility
parole
sentence
agreed
plea
bargain
app
find
unnecessary
determine
whether
may
circumstances
erroneous
advice
counsel
parole
eligibility
may
deemed
constitutionally
ineffective
assistance
counsel
present
case
conclude
petitioner
allegations
insufficient
satisfy
strickland
washington
requirement
prejudice
petitioner
allege
habeas
petition
counsel
correctly
informed
parole
eligibility
date
pleaded
guilty
insisted
going
trial
alleged
special
circumstances
might
support
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placed
particular
emphasis
parole
eligibility
deciding
whether
plead
guilty
indeed
petitioner
mistaken
belief
become
eligible
parole
serving
sentence
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affected
calculation
time
likely
serve
sentenced
pursuant
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plea
agreement
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time
likely
serve
went
trial
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petitioner
case
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half
strickland
washington
test
district
err
declining
hold
hearing
petitioner
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assistance
counsel
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judgment
appeals
therefore
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several
courts
appeals
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general
approach
see
thomas
lockhart
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gavilan
beans
black
mitchell
scully
evans
meyer
justice
white
justice
stevens
joins
concurring
judgment
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properly
whether
petitioner
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hearing
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habeas
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alleged
guilty
plea
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state
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ineffective
assistance
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yrs
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years
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property
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good
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sentence
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good
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arkansas
law