Guy A. Cobb v. State of Tennessee
Syllabus
The Petitioner, Guy A. Cobb, appeals the McMinn County Criminal Court's denial of hispost-conviction petition, seeking relief from his guilty plea to possession of fentanyl withintent to sell or deliver and the resulting three-year sentence. On appeal, he claims that hereceived the ineffective assistance of counsel. Based on our review, we affirm the postconvictioncourt's denial of the petition.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a collateral petition to enforce a plea agreement can be reviewed under contract enforcement theory outside of the ambit of the PCRA
- holding, a petition for collateral relief will not be considered a PCRA petition - 33 - J-A25019-20 unless it raises issues cognizable under the PCRA
- holding, a petition for collateral relief will not be considered a PCRA petition unless it raises issues cognizable under the PCRA
- stating that “[a] determination of exactly what promises constitute the plea bargain must be based upon the totality of the surrounding circumstances and involves a case-by-case adjudication”
- noting that “a collateral petition to enforce a plea agreement is regularly treated as outside the ambit of the PCRA and under the contractual enforcement theory of specific performance” (citation omitted)
- noting that ninety-four percent of state convictions are the result of plea agreements
Source: CourtListener parenthetical corpus (CC0).
Judges: Judge John W. Campbell, Sr.
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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