State v. CooperAnnotate this Case
The Supreme Court affirmed the decision of the circuit court denying Defendant's motion to withdraw his guilty plea, holding that the disciplining of Defendant's attorney for professional misconduct that included his handling of Defendant's defense did not prove that counsel had provided ineffective assistance.
Defendant pleaded guilty to a single count of armed robbery as a party to a crime. Before sentencing, Defendant asked to withdraw his plea due to ineffective assistance of counsel. The circuit court denied the motion. While Defendant's appeal was pending, the Supreme Court decided a disciplinary case brought against Defendant's counsel and disciplined the attorney for professional misconduct. On appeal, Defendant argued that his attorney's discipline for his misconduct in handling Defendant's defense is proof to establish the deficiency of his counsel. The Supreme Court disagreed, holding that the record did not demonstrate that the professional misconduct of Defendant's attorney prevented Defendant from receiving effective assistance of counsel, and therefore, the circuit court did not erroneously exercise its discretion in denying Defendant's motion.