A woman who pleaded guilty to infanticide was entitled to an evidentiary hearing on her claim that her lawyer should have argued diminished capacity due to her own history of sexual abuse as a child, a New Jersey appeals court says in a precedential ruling.
“Acquittal was far from certain,” the panel said on April 24. “Yet, it is not self-evident that pleading guilty was a reasonable strategy. This was not a case where the plea offer was so attractive that it would defy logic or reason that a defendant would risk a trial.”
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