Noland v. State

Damon Noland seeks post-conviction relief (PCR) from his life sentence for forcibly raping a 10-year-old. He claims that he would and could have pleaded to ten years on a lesser charge but for misadvice from his lawyer (“Counsel”) about punishment.

“ ‘[T]he two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.’ ” Lafler v. Cooper, — U.S.-, 132 S.Ct. 1376, 1384, 182 L.Ed.2d 398 (2012).1 As to Strickland prejudice, No-land must show a reasonable probability that but for Counsel’s error (1) Noland would have accepted the 10-year…