X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This is an appeal by the State from the grant of habeas corpus relief to petitioner Andrew Magnuson based on the habeas court’s determination that Magnuson’s guilty pleas were invalid and that he received ineffective assistance of counsel. For the reasons that follow, we find no error in the habeas court’s conclusion that Magnuson’s guilty pleas were invalid and, therefore, we affirm.1

Magnuson was indicted by a Fayette County grand jury on charges of enticing a child for indecent purposes two counts, possession of child pornography, and attempted kidnaping. In 2001, during a group plea, Magnuson entered non-negotiated guilty pleas to all counts of the indictment. During the plea hearing, the judge asked if any defendant had ever been a patient in a mental health facility or under the care of a psychiatrist, and Magnuson incorrectly answered that he had not. Plea counsel informed the judge prior to acceptance of Magnuson’s pleas that Magnuson had in fact been institutionalized and treated for mental health problems but added that he could not say whether psychiatrists had been involved. Counsel then stated that Magnuson had been found competent to stand trial, to which the court responded, “he appears as such.” The court ultimately accepted Magnuson’s pleas without making any further inquiry into his mental health history or his then-current mental state.2 After a sentencing hearing, Magnuson was sentenced to two consecutive 20-year terms of imprisonment on the enticement charges, a consecutive 20-year probated term of imprisonment on the pornography charge, and a consecutive five-year probated term of imprisonment on the attempted kidnaping charge.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
November 06, 2024 - November 07, 2024
Orlando, FL

BTI provides leading tax professionals from financial institutions with unmatched tools and resources.


Learn More
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...


Apply Now ›

Boutique midtown Manhattan law firm specializing in sophisticated real estate litigation & representation of commercial and residential ...


Apply Now ›

Description: Fox Rothschild has an opening in the Boston, MA office for a Litigation Associate with 3 to 5 years of experience. The ideal ca...


Apply Now ›