State v. Hamm
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The Supreme Court dismissed Defendant's appeal from his conviction and sentence, holding that Defendant's agreement to waive his right to appeal applied to and was enforceable against his claim of ineffective assistance of counsel.
Prior to the sentencing hearing for his convictions for possession of methamphetamine and driving under the influence Defendant entered into a plea and sentencing agreement agreeing in a second case to plead no contest to possession with intent to distribute methamphetamine and to waive his right to appeal issues in both cases. The district court accepted the plea and sentence agreement and sentenced Defendant in both cases. The Supreme Court dismissed Defendant's ensuing appeal asserting that trial counsel was ineffective for allowing Defendant to testify in his own behalf and for eliciting incriminating testimony, holding that Defendant validly waived the right to raise his claim of ineffective assistance of trial counsel on appeal.
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