We granted certiorari in this case to consider the circumstances under which a court may apply a presumption of prejudice in evaluating a claim of ineffective assistance of counsel.1 Because the presumption is applicable in only a narrow range of circumstances that are not presented in this case, we reverse and remand. Richard Anthony Heath was indicted for two counts of driving under the influence, 15 counts of serious injury by vehicle, and one count of reckless driving arising out of an accident in which a large service truck driven by Heath collided head-on with a Ford Tempo. Heath was appointed counsel and ultimately entered a guilty plea to three counts of serious injury by vehicle under a negotiated plea agreement with a recommended sentence of 30 years, to serve four to fifteen years. After conducting a plea colloquy, hearing from the victims, and discussing Heath’s four prior DUI convictions, the trial court sentenced Heath to 30 years, with fifteen to serve. Subsequently, Heath sought to withdraw his plea based on ineffective assistance of counsel. The trial court denied the motion to withdraw the plea, finding that Heath had failed to establish that but for his counsel’s errors, he would have insisted upon going to trial. The Court of Appeals reversed.
In Hill v. Lockhart ,2 the United States Supreme Court established the test for reviewing claims of ineffective assistance of counsel in the context of a guilty plea. The Court held that a defendant who pleads guilty and who seeks to overturn his conviction because of counsel’s errors must meet the now familiar two-part test of Strickland v. Washington 3 deficient performance and prejudice. The analysis of counsel’s performance is similar whether in the context of a trial or a guilty plea. The prejudice component in the context of a guilty plea, however, is met by showing “that there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.”4 Contrary to Hill and decisions of this Court applying it,5 the Court of Appeals relieved Heath of the burden of establishing prejudice.
