Barlow v. Commissioner of Correction

Summary

The court affirmed the grant of habeas relief after concluding that the petitioner established prejudice from trial counsel's deficient advice during plea negotiations. The record supported the finding that, with competent advice, the petitioner likely would have accepted the nine-year plea offer, particularly given the strength of the prosecution's case, the substantial sentencing disparity, and his willingness to plead guilty. The court also held that the previously decided performance issue could not be relitigated and declined to decide whether a contemporaneous-evidence requirement applies to rejected plea offers because the record satisfied that requirement even if applicable.