Toston v. State

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Justia Opinion Summary

Appellant Anthony Toston pleaded guilty to first-degree kidnapping and robbery. Toston subsequently filed a petition for a writ of habeas corpus, alleging, inter alia, that his trial counsel provided ineffective assistance by misadvising him about the right to appeal from a judgment of conviction based on a guilty plea and failing to file an appeal when Toston expressed dissatisfaction at the sentencing hearing. The district court denied the petition. The Supreme Court reversed in part, holding (1) counsel's affirmative misinformation about the right to appeal from a judgment of conviction from a guilty plea may fall below an objective standard of reasonableness and therefore be deficient; (2) trial counsel has a duty to file an appeal when, based on the totality of the circumstances, the defendant reasonably demonstrated to counsel that he was interested in challenging his conviction or sentence; and (3) because Toston's allegations in his petition were not belied by the record and would entitle Toston to relief if true, Toston was entitled to an evidentiary hearing on his appeal-deprivation claims. Remanded.

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