Guilty but Mentally Ill, Ineffective Assistance of Counsel, and Habeas Corpus

[摘要] pleaguilty but mentally illineffective assistanceCounsel's Failure to Object to Improper Statutory Procedure for Entering a Guilty but Mentally Ill Plea Constitutes Ineffective Assistance of Counsel in Violation of the Sixth AmendmentIn Velazquez v. Superintendent Fayette SCI, 937 F.3d 151 (3rd Cir. 2019), the U.S. Court of Appeals for the Third Circuit considered whether a criminal defendant may petition for habeas corpus relief when counsel is ineffective for failing to object to a defective plea process during a plea of guilty but mentally ill (GBMI). The district court's order rejecting the defendant's claim was vacated. The case was remanded to grant the petition for the writ and to vacate the judgment of conviction.

[学科分类] 儿科学

[关键词] plea;guilty but mentally ill;ineffective assistance