Jivers v. State

Harwell, Justice:

We granted Johnny Lee Jivers’ petition for writ of certiorari to review the denial of his application for Post-Conviction Relief (PCR). The only question presented is whether the PCR judge erred in finding what petitioner received effective assistance of counsel when he was advised to plead guilty to the charge of assault and battery with intent to kill (ABIK), even though the double jeopardy clause would have barred prosecution of the charge. We reverse.

I. FACTS

Petitioner was charged with criminal domestic violence arising from an incident in which he physically abused his…