Leonard O. Diaz, Jr. v. T.C. Martin, Warden, Federal Correctional Institution

ALYIN B. RUBIN, Circuit Judge:

The Constitution forbids judicial acceptance of a plea of guilty to a criminal offense unless that plea is entered both voluntarily and knowingly. To ensure that guilty pleas are entered only as the result of an informed and conscious choice, the accused has the right to the effective assistance of counsel in deciding upon and entering such a plea. This instrumental right cannot be satisfied by a facade, but requires actual and competent advice. Construed most favorably to the state, the record shows that court-appointed counsel failed to discharge even the bare…