Can a defendant who pleads guilty upon the advice of counsel challenge the voluntary and intelligent character of the guilty plea?

MultiRegion, United States of America

The following excerpt is from Creswell v. Estelle, 988 F.2d 118 (9th Cir. 1993):

"A defendant who pleads guilty upon the advice of counsel may only attack the voluntary and intelligent character of the guilty plea by showing that the advice he received from counsel was not within the range of competence demanded of attorneys in criminal cases." United States v. Signori, 844 F.2d 635, 638 (9th Cir.1988). A defendant challenging a guilty plea based on ineffective assistance of counsel must demonstrate "both that his counsel's performance was deficient and that the deficient performance prejudiced his defense." Id.

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