What is the test for habeas when a defendant pleads guilty on advice of counsel?
MultiRegion, United States of America
The following excerpt is from United States ex rel. Newsome v. Malcolm, 492 F.2d 1166 (2nd Cir. 1974):
7 After a defendant pleads guilty on advice of counsel, "the focus of federal habeas inquiry is the nature of the advice and the voluntariness of the plea, not the existence as such of an antecedent constitutional infirmity." Tollett v. Henderson, supra, 411 U. S. at 266, 93 S.Ct. at 1608.
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