Diaz v. Commissioner of Correction
Annotate this Case
The Supreme Court reversed the judgment of the Appellate Court affirming the judgment of the habeas court denying Petitioner's amended petition for a writ of habeas corpus, holding that the Appellate Court improperly raised and decided the unpreserved issue of waiver without first providing the parties with an opportunity to be heard on that issue.
Petitioner pled guilty under the Alford doctrine to one count of home invasion. Thereafter, Petitioner commenced this habeas action alleging that his trial counsel had provided ineffective assistance by failing to file a motion to discuss the home invasion charge. The habeas court denied the petition. The Appellate Court affirmed on an alternative ground, concluding that Petitioner waived his ineffective assistance claim by virtue of the entry and acceptance of his Alford plea. The Supreme Court reversed and remanded the case, holding that because the parties were not provided an opportunity to be heard on waiver it was improper for the Appellate Court to raise and decide that issue.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.