Nelson v. Wilkey
Annotate this CaseWarden Dennis Nelson challenged the habeas court’s order setting aside Morocco Jacobi Wilkey’s conviction for one count of possession of methamphetamine with intent to distribute, to which he pled guilty. The Georgia Supreme Court determined the habeas court’s findings of fact regarding Wilkey’s claim of ineffective assistance of counsel, namely, that Wilkey desired to withdraw his guilty plea prior to sentencing but was not informed by counsel of his absolute statutory right to do so under OCGA 17- 7-93 (b) and that trial counsel failed to give him the benefit of new advice stemming from information learned between the entry of the plea and the sentencing hearing, were supported by the record. The Court also determined that such findings supported the conclusion that Wilkey was deprived of his right under the Sixth Amendment to the United States Constitution to the effective assistance of counsel. The Supreme Court therefore affirmed the habeas court’s determination that Wilkey was entitled to habeas relief on this basis.
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