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: Defense Newsletter Blog

Bauder: Ineffective Misadvice on civil commitment consequences

By Tim Cone

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In U.S v. Bauder, No. 10-10657 (Sept. 13, 2010), the district court affirmed the grant of habeas relief to a Florida inmate convicted of aggravated stalking. Prior to his plea, Bauder's state lawyer told him that he could not face involuntary civil commitment under Florida law. This was misadvice: after Bauder finished his sentence on the plea, the State moved to have him committed and he was then committed. The Court found that counsel's advice was ineffective assistance, and that it was prejudical.

Full post as published by Defense Newsletter Blog on September 14, 2010 (boomark / email).

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