Byrd v. Shaffer

Fletcher, Presiding Justice.

The state appeals the grant of habeas corpus relief to Michael John Shaffer. Because the record supports the habeas court’s findings that the state failed to establish that Shaffer waived his constitu*692tional rights in pleading guilty, we conclude that the guilty plea was not knowingly, voluntarily, and intelligently made and affirm.

According to the guilty plea transcript, the state was prepared to show through the testimony of Shaffer’s half-brother Gary that Shaffer got drunk at a bar, displayed a pipe bomb, threatened to blow up the bar, and that Gary then removed…