Guillen v. State
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The Supreme Court affirmed the district court’s denial of Appellant’s petition for postconviction relief based on Appellant’s claim of actual innocence and held that the district court correctly determined that Appellant did not establish that his counsel was ineffective.
Appellant pleaded guilty to the attempted mitigated homicide of his brother. Appellant later filed this petition for postconviction relief alleging that he had newly discovered evidence of his actual innocence and that his attorney was ineffective during plea negotiations. At the evidentiary hearing, Appellant’s brother testified that the incident in which he was injured was an accident. The district court denied the petition. The Supreme Court affirmed, holding (1) Appellant’s brother’s testimony, to which the district court attributed little value based on the brother’s lack of credibility, did not establish that Appellant’s sentence was constitutionally invalid because he was actually innocent of the crime; and (2) the district court properly found that Appellant’s guilty plea was not involuntary because he received ineffective assistance of counsel.
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