Legal Opinion

Commonwealth v. Tigue

Kentucky Supreme Court

Decided May 14, 2015No. 2011-SC-000737-DG; 2012-SC-000599-DGPublishedCited by 30 opinions

1Opinion of the Court

OPINION OF THE COURT BY

JUSTICE NOBLE

This case raises primarily two issues. First, does a defendant’s pro se request to withdraw his guilty plea constitute a critical stage of the proceedings at which the right to counsel attaches, and, if so, is that right violated when trial counsel refuses to assist in the request or to seek alternative counsel? Second, does trial counsel’s complete failure to investigate an alleged alternative perpetrator constitute reversible ineffective assistance of counsel? The Court of Appeals agreed under the first issue that such a request is a critical stage and…

2Cases cited54 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. United States v. WadeSupreme Court of the United States · 1967
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Gideon v. WainwrightSupreme Court of the United States · 1963

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3Cited by30 opinions

  1. Commonwealth v. McGormanKentucky Supreme Court · 2016
  2. Taylor v. StateSupreme Court of Delaware · 2019
  3. Jones v. BaileyMissouri Court of Appeals · 2019
  4. Zapata v. CommonwealthKentucky Supreme Court · 2017
  5. Kevin B. Herp v. Commonwealth of KentuckyKentucky Supreme Court · 2016

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