Tuesday, August 07, 2007

Not IAC for Counsel to Rely on Inaccurate Pre-plea Report

Gardner v. McKune, 2007 WL 2204352 (8/2/07)(unpub'd) - The habeas petitioner could not obtain an invalidation of his plea due to his counsel's failure to find out he had a prior juvenile conviction that increased his sentence above what the petitioner expected. It was reasonable for counsel to rely on the court services officers' inaccurate pre-plea report that did not mention the juvenile conviction.