Richard v. MacAskill

By petition for writ of habeas corpus, the plaintiff challenges the validity of a 1985 shoplifting conviction, resting on a plea of nolo contendere which, she claims, was not knowing or voluntary. The Superior Court {Dickson, J.) dismissed the petition. We vacate the dismissal order and remand.

In 1984 the plaintiff received a suspended sentence for fraudulent use of a credit card. By complaint filed in April, 1985, she was charged with shoplifting, to which she pleaded nolo contendere in return for the State’s agreement that it would not seek imposition of the 1984 sentence, and would…