Heath v. State

Blackburn, Presiding Judge.

In State v. Heath, 1 our Supreme Court, in its review of this ineffective assistance of counsel claim arising out of a guilty plea in a criminal conviction, held that we had erred in presuming prejudice to the defendant based on the lack of representation provided by his attorney. It held that the facts of this case required a showing of prejudice. In its limited ruling, the Supreme Court reversed our holding 2 that Heath’s legal representation was so lacking, that he was entitled to a presumption of prejudice, and remanded the case to this court for consideration…