Barlow v. Commissioner of Correction

Summary

The court affirmed the grant of habeas relief because the petitioner established prejudice from trial counsel's deficient advice during plea negotiations. The record supported the habeas court's finding that, with competent advice, the petitioner likely would have accepted the nine-year offer, considering the strength of the state's case, his willingness to plead guilty, the disparity between the offer and the sentence imposed, and the small difference between the offer and his counterproposal. The court also held that the previously decided deficiency issue could not be relitigated and that the record contained sufficient contemporaneous evidence supporting the petitioner's testimony.