Daryl Wayne Liggett v. Commonwealth of Kentucky
2017 SC 000300
| Ky. | Sep 26, 2017Background
- Daryl Wayne Liggett was indicted for first-degree sodomy of a child under 12; exposure carried a 20-to-50-years or life range.
- Liggett pleaded guilty pursuant to a plea agreement: Commonwealth would recommend 25 years and not seek additional indictments; trial court conducted a Boykin colloquy and accepted the plea.
- Liggett signed a written plea form and, in the pre-sentence investigation report (PSI), accepted responsibility and said he understood the plea and sentence was fair.
- Before final sentencing Liggett obtained new counsel and filed a motion to withdraw his guilty plea, supported by an affidavit alleging inadequate assistance by prior counsel (limited review of discovery, poor communication, lack of advice, substitutes at hearings, and that the plea was not knowing).
- The trial court held a hearing, found Liggett’s prior in-court statements, written plea, and PSI statements outweighed the affidavit, denied the motion, and later sentenced Liggett to 25 years per the plea.
- Liggett appealed arguing the trial court erred in denying his pre-sentencing motion to set aside the plea as involuntary; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Liggett's guilty plea was knowing, voluntary, and intelligent | Liggett argued his plea was involuntary due to ineffective assistance and inadequate consultation with counsel | Commonwealth relied on plea colloquy, signed plea form, and PSI statements showing he understood and voluntarily pled | The plea was voluntary and intelligent; trial court's finding supported by substantial evidence |
| Whether trial court erred in denying motion to withdraw plea before judgment | Liggett argued the court should permit withdrawal because counsel’s deficiencies undermined the plea | Commonwealth argued withdrawal was not warranted where record showed valid plea and plea bargain advantages | Trial court did not abuse its discretion in denying withdrawal |
| Whether affidavit alleging counsel failures overcame presumption of voluntariness from plea colloquy | Liggett claimed affidavit showed counsel performance outside professional norms, warranting Strickland review | Commonwealth contended affidavit was conclusory and contradicted by in-court statements and PSI | Affidavit was conclusory and insufficient to rebut the strong presumption from the colloquy; no reasonable probability of a different outcome shown |
| Whether Liggett met prejudice prong of ineffective assistance (would have gone to trial) | Liggett alleged he would have rejected the plea and proceeded to trial absent counsel’s errors | Commonwealth emphasized plea cut potential exposure roughly in half and avoided additional charges, so rejecting bargain was not clearly reasonable | Liggett failed to show a reasonable probability he would have insisted on trial; prejudice not established |
Key Cases Cited
- Boykin v. Alabama, 395 U.S. 238 (1969) (trial court must ensure guilty plea is voluntary and intelligent via colloquy)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Bronk v. Commonwealth, 58 S.W.3d 482 (Ky. 2001) (plea-colloquy voluntariness and Strickland overlay)
- Rigdon v. Commonwealth, 144 S.W.3d 283 (Ky. App. 2004) (standard of review for plea withdrawal and factors to consider)
- Blackledge v. Allison, 431 U.S. 63 (1977) (statements in open court carry strong presumption of verity)