Commonwealth v. Tigue
2015 Ky. LEXIS 1621
Ky.2015Background
- Victim Bertha Bradshaw was murdered; Tigue's truck was seen at the scene; he initially confessed, led police to the shotgun, and was charged with murder and burglary.
- Tigue repeatedly maintained innocence to counsel, claimed an alternative perpetrator (Danny Smith), but (according to counsel) did not fully disclose or cooperate; counsel focused on plea to avoid death penalty.
- After months in custody, Tigue accepted a plea agreement (life with parole eligibility after 25 years). Between plea and sentencing he asked to withdraw the plea; counsel did not file a motion and declined to assist; at sentencing the court refused the pro se request and entered final judgment and sentence.
- Tigue filed a pro se Crim. R. 11.42 motion alleging ineffective assistance and denial of counsel at the plea-withdrawal stage; trial court denied relief after evidentiary hearing. Court of Appeals reversed, holding the plea-withdrawal request is a critical stage and counsel’s failure denied his right to counsel, and ordered a new trial.
- The Supreme Court of Kentucky agreed that a pre‑judgment plea‑withdrawal request is a critical stage and that Tigue was denied counsel, but limited the remedy to vacating the judgment and remanding for further proceedings; it separately found counsel’s pre‑plea failure to investigate (including lab results and a neighbor witness) constituted ineffective assistance that rendered the plea involuntary, warranting vacatur of the conviction and remand.
Issues
| Issue | Plaintiff's Argument (Tigue) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Whether a pre‑judgment request to withdraw a guilty plea is a critical stage entitling defendant to counsel | A plea‑withdrawal motion before final judgment is a critical stage; counsel must assist | Not explicitly preserved; alternatively, even if critical stage, remedy should be limited | Held: Yes — pre‑judgment plea‑withdrawal is a critical stage; right to counsel attaches |
| Whether counsel’s refusal to assist with plea withdrawal denied the right to counsel | Counsel’s silence/refusal amounted to a complete denial and created an actual conflict because counsel would have to defend against client’s allegations | Counsel was present at sentencing and tactical choices belong to counsel; no automatic reversal | Held: Counsel’s refusal was a complete denial and created an actual conflict — per se Sixth Amendment violation |
| Proper remedy for denial of counsel at plea‑withdrawal stage | Vacatur of conviction and remand for new trial (as Court of Appeals ordered) | Remedy should be limited — e.g., appointment of counsel and an evidentiary hearing on plea withdrawal, not automatic new trial | Held: Remedy is to vacate the judgment and remand for further proceedings (not automatic reversal of the guilty plea or mandatory hearing); but because other errors exist, relief is broader below |
| Whether counsel rendered ineffective assistance pre‑plea by failing to investigate alternative perpetrator and forensic evidence, rendering plea involuntary | Counsel failed to investigate Danny Smith, neighbors, and forensic tests; Tigue would have insisted on trial but for this deficient performance | Counsel reasonably concluded evidence (including confession) was overwhelming; no prejudice shown | Held: Counsel’s pre‑plea performance was objectively unreasonable and prejudicial under Strickland/Hill; plea was involuntary — conviction and plea vacated |
Key Cases Cited
- Gideon v. Wainwright, 372 U.S. 335 (right to counsel under Sixth Amendment)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
- United States v. Cronic, 466 U.S. 648 (presumption of prejudice for complete denial of counsel)
- Hill v. Lockhart, 474 U.S. 52 (prejudice analysis for guilty‑plea ineffective assistance claims)
- Mempa v. Rhay, 389 U.S. 128 (sentencing and plea proceedings as critical stages)
- Florida v. Nixon, 543 U.S. 175 (counsel’s role in plea strategy; defendant’s fundamental decisions)
- United States v. Wade, 388 U.S. 218 (counsel necessary to mount meaningful defense)
- Bell v. Cone, 535 U.S. 685 (significant consequences standard for critical stages)
- United States v. Sanchez‑Barreto, 93 F.3d 17 (plea withdrawal hearing is a critical stage)
- United States v. Davis, 239 F.3d 283 (conflict when counsel must defend against client’s counsel‑coercion allegations)
- Kercheval v. United States, 274 U.S. 220 (guilty plea as a conviction)