Criminal – Plea – Effectiveness of counsel

Criminal – Plea – Effectiveness of counsel

Where a defendant has moved to vacate his guilty plea to second-degree murder, that motion should be allowed because the defendant did not enter into the guilty plea knowingly and voluntarily, while his counsel was ineffective by failing to file and litigate a motion to suppress the defendant’s statements on the ground that his Miranda waiver was not made knowingly, intelligently and voluntarily, failing to advise the defendant of the potential …