DueProcess
Should a court be allowed to deny the withdrawal of a defendant's guilty plea when it is clear the plea was not entered voluntarily and with an understanding of the charge, while ruling the defendant's counsel's performance was deficient by giving incorrect legal advice?
QUESTION(S) PRESENTED _ oo : 1. Should a court be allowed to deny the withdrawl of a defendant's. guilty plea, when it is'clear that-the plea was not entered voluntarily, and ; with an understanding of the nature of the charge, While simultaneously . ruling that his counsel's performance was deficient by giving him . , incorrect legal advicé pertaining to said plea? ; . 2. Should a court be allowed to rule that a Defendant serving an additional 1.4 years in prison due to inaccurate legal advice from defense counsel was not "Not of such substance as to amount to a violation of the sixth : Amendment under Strickland.'"'? , . . . ; ae ;