Cases

Ricky Von Raines v. David Ballard, Warden

Case Number:
14-0780
Case Date:
12-01-2016
Case Issue:

Petitioner appeals the October 16, 2014, order that denied his petition for post-conviction habeas corpus relief. The circuit court found that petitioner’s trial counsel was not ineffective despite the fact that counsel admitted to twice erroneously instructing petitioner regarding his potential exposure to time in prison. Petitioner claims that, as a result of his counsel’s erroneous advice, he rejected a favorable plea offer and was later compelled to take a much less favorable plea offer. The habeas court rejected petitioner’s claims based on its finding that petitioner’s counsel’s first erroneous instruction was given after petitioner rejected the favorable plea agreement, and that counsel’s second erroneous instruction was corrected by the trial court, after which, petitioner voluntarily accepted the less favorable plea agreement.