Split High Court Upholds Post-Plea Appeal Rights

Law360 (February 27, 2019, 10:35 AM EST) -- A defendant whose lawyer's poor performance scuttled his chances at an appeal should be presumed to have been harmed by the lawyer's actions, even if the defendant has waived his appeal rights through a plea deal, the U.S. Supreme Court held in a split opinion on Wednesday.

The ruling came in Gilberto Garza Jr.'s challenge to an Idaho high court ruling that ended his appeal. Garza pled guilty to drug possession and assault in 2015 and entered plea agreements in which he waived his right to appeal his conviction and sentence.

Nonetheless, the judge said at Garza's sentencing that he had...

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