Smith v. Williams

Fletcher, Chief Justice.

Dexter Smith filed a habeas petition seeking to withdraw a 1998 guilty plea, which he contends was given after he received ineffective assistance of counsel. The petition was denied, and we granted Smith’s application for a certificate of probable cause to appeal. Counsel admitted making an affirmative misrepresentation to Smith regarding his parole eligibility, which Smith contends induced his guilty plea. We hold that counsel was deficient for making this misrepresentation, and remand to the habeas court for appropriate findings and conclusions regarding Smith’s…