State v. Sharkey
Jul 13, 2007OUTCOME: DWI Conviction Reversed by NH Supreme Court
In this case, the defendant was represented by a dump truck lawyer who talked him into pleading guilty to DWI. His prior lawyer told him that he would lose his Massachusetts license for 90 days, but t ... he Massachusetts Registry of Motor Vehicles revoked his license permanently. This result constituted gross misinformation. Even though the issue here was a collateral consequence of his plea, the Supreme Court ruled that this driver's conviction must be reversed. The State and Federal Constitutions guarantee a criminal defendant reasonably competent assistance of counsel. To successfully assert a claim for ineffective assistance of counsel, a defendant must show, first, that counsel's representation was constitutionally deficient and, second, that counsel's deficient performance actually prejudiced the outcome of the case. Id. To meet the first prong of the test, a defendant must show that counsel made such egregious errors that he or she failed to function as the counsel that the State Constitution guarantees. Broad discretion is afforded trial counsel in determining trial strategy, and the defendant must overcome the presumption that counsel's trial strategy was reasonably adopted. To meet the second prong, a defendant must demonstrate actual prejudice by showing that there is a reasonable probability that the result of the proceeding would have been different had competent legal representation been provided. Id. A reasonable probability is a probability sufficient to undermine confidence in the outcome of the case. Id. In the context of a guilty plea, the prejudice prong requires the defendant to show that there is a reasonable probability that, but for trial counsel's grossly incorrect advice, the defendant never would have pleaded guilty. The conviction was reversed.