How do indirect/collateral consequences impact a habeas corpus petition? You can find out on this page.
“There is no requirement…that the defendant be advised of every possible consequence of…a plea.” State v. Gilnite, 202 Conn. 369, 383 (1987). Thus, a guilty plea motivated by defense counsel’s erroneous advice on an indirect or collateral consequence does not render the plea involuntary and unintelligent and, hence, invalid. The erroneous advice in such circumstances does not amount to ineffective assistance of counsel.
However, when the guilty plea gets motivated by “gross misadvice” on an indirect or collateral consequence, ineffective assistance of counsel may happen and the plea may get invalidated. Also see Hernandez v. Commissioner, 82 Conn. App. 701, 709 (2010)(“Where ‘the petitioner relied on gross misadvice about an indirect consequence, his plea would have been involuntary, unintelligent and, therefore, invalid.’” (quoting Falby, 32 Conn. App. at 446-47)).
In addition, parole eligibility is an indirect consequence. See Hill v. Lockhart, 474 U.S. at 56 (federal constitution does not require States to supply a defendant with parole eligibility information in order for guilty plea to be voluntary). Erroneous advice on parole eligibility generally does not constitute ineffective assistance of counsel and, thus, does not vitiate the guilty plea. Hill, 474 U.S. 52 (1985). When, however, the erroneous advice amounts to “gross misadvice” ineffective assistance may get found and the plea invalidated. See, e.g. Hernandez v. Commissioner, supra, 82 Conn. App. 701 (advice that defendant would have parole eligibility after serving 50 percent of murder sentence, when in fact defendant was completely ineligible for parole, constituted gross misadvice that amounted to ineffective assistance of counsel and rendered the plea involuntary and invalid).
Similarly, “parole board procedure is an indirect consequence of a guilty plea.” Falby, 32 Conn. App. at 446. Erroneous advice concerning the nature of a parole board hearing is “ordinary error” and will not call the plea into question. The error must amount to “gross misadvice” before the plea will potentially get invalidated. See Id. at 442-48.
Are you interested in a Connecticut habeas? If so, it is a good idea to contact an attorney who can answer your questions and review your situation. Then, you can make the best decision regarding how to proceed with your petition.