Judge Jack Weinstein
State inmate Smith had been offered a joint plea in two related cases: possession of a stolen automobile; and, assault on an emergency medical technician who tried to assist Smith after he crashed while attempting to flee police. After the original plea offer of 2½ to five years on the stolen property possession charge was withdrawn, Smith was provided a new offer of 3½ to seven years, with a determinate sentence of five years for both a stolen property and assault charge. Rejecting the plea bargain Smith was sentenced, after trial, to 17½ years to life. Seeking habeas corpus relief, Smith argued that he turned down the plea offer, and proceeded to trial, due to trial counsel's failure to inform him that "mens rea" need not be proved on the assault charge. Noting that the assault charge had been allowed to lapse, and thus that Smith was never convicted of assault, district court denied Smith habeas relief. In addition to noting Smith's refusal to follow trial counsel's concise and sound advice to accept the plea offer, the court concluded that Smith was not prejudiced by counsel's alleged ineffectiveness with respect to the stolen property charge. Smith's guilt thereon was "always clear."
