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Hooks v. Walley

The Court reversed the grant of the defendant's petition for a writ of habeas corpus, as the habeas court erred in finding that appellate counsel rendered ineffective assistance in failing to pursue a claim of ineffective assistance by trial counsel.

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Warden Brad Hooks appeals from the grant of Ray K. Walley’s application for a writ of habeas corpus after the habeas court’s ruling that Walley’s appellate counsel rendered ineffective assistance in failing to pursue a claim of ineffective assistance by trial counsel. For the reasons that follow, we reverse the grant of the writ of habeas corpus.

According to the record placed before the habeas court, Walley was indicted by a Forsyth County grand jury of one count of aggravated sexual battery and one count of child molestation. His original counsel in the trial court was Billy Spruell, but during what was scheduled to be a plea hearing on March 23, 2006, the trial court declared that it would allow Spruell to withdraw from representing Walley after Spruell stated to the court that he did not believe that it was in Walley’s best interest to plead guilty, and after Walley told the court that Spruell had not conveyed to him any plea offer from the State that included a recommendation that Walley be sentenced to serve five years in prison; at the hearing, the State’s articulated plea offer included a recommendation that he serve seven years in prison.1

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