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Lopez v. Walker

Court does not doubt competence of petitioner claiming psychological impairment at guilty plea.

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Judge Knapp

LOPEZ v. WALKER Eliot Lopez (Lopez or Petitioner) seeks a writ of habeas corpus from his conviction in Supreme Court, Bronx County upon his guilty plea of six counts of Murder in the Second Degree (PL 125.25[1]), for which he was sentenced to an aggregate term of 30 years to life imprisonment. (Barrett, J.) In his petition, Lopez seeks relief based on the following grounds: (1) that his conviction was obtained by a guilty plea not made voluntarily, as Lopez was psychologically impaired and (2) trial and prior appellate counsel were ineffective in failing to observe and raise the issue of Lopezs psychological impairment. Subsequently, Petitioner withdrew his claim of ineffective assistance of counsel as to his appellate counsel only. For the reasons set forth below, Lopezs petition is DENIED.

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