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Posted by: Tanja Trezise on Jun 1, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Kyle Mothershead, Nashville, Tennessee, for the appellant, Sylvia Laird.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel; Victor S. Johnson III; District Attorney General; and Brian Holmgren, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Petitioner, Sylvia Laird, appeals the denial of her petition for post-conviction relief. She claims that she received ineffective assistance of counsel when she was erroneously informed that she could not file a motion to withdraw her guilty plea before sentencing. Consequently, Petitioner argues that a subsequent guilty plea agreement that determined her sentence was unconstitutional because it was entered unknowingly, involuntarily, and unintelligently. After a careful review of the record, the parties? briefs, and the applicable law, we conclude that Petitioner has proven that she is entitled to post-conviction relief and, therefore, reverse the decision of the post-conviction court.