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· 10/15/1883

Canole v. Hurt

Citations

  • 78 Mo. 649

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing “at least the possibility that deficiencies in advice about collateral consequences of a plea may pull a lawyer’s representation below the level of ‘reasonable competence’ by which effective assistance of counsel is constitutionally measured”
  • recognizing \at least the possibility that deficiencies in advice about collateral consequences of a plea may pull a lawyer's representation below the level of `reasonable competence' by which effective assistance of counsel is constitutionally measured\
  • noting “habitual offender act is a classic example of a... collateral [consequence], in the sense that the consequence requires application of a legal provision extraneous to the definition of the criminal offense and the provisions for sentencing those convicted under it” (citation omitted)
  • “defense counsel’s failure to advise of collateral consequences, as under the habitual offender law, is no ground for withdrawing a plea as unintelligent and involuntary”
  • “[W]e have consistently held that a sentencing court need not advise a defendant about the habitual offender law before accepting a guilty plea to a predicate offense under that law.” (citations omitted)
  • exposure to habitual traffic offender proceeding

Source: CourtListener parenthetical corpus (CC0).

Judges: Philips

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.