In re Hemingway

Dooley, J.,

¶ 26. dissenting. This case is fundamentally about two promises that petitioner and his lawyer allege were made to induce petitioner to plead guilty: (1) that he would be released in time to be with his child for her first birthday; and (2) that he would be able to have contact with his wife and his other child. While both were facilitated by the plea agreement, neither of these alleged promises was in the agreement. With respect to the first, the plea agreement limited petitioner’s time to serve on the offenses covered by the agreement to forty days, a time that would expire…