308 A.3d 228
Me.2024Background
- Mario Gordon was charged with multiple counts of aggravated trafficking of scheduled drugs and other related offenses in 2018.
- The State offered plea deals: eight years straight or a twelve-year sentencing cap, with Gordon able to argue for a split sentence only under the cap.
- Gordon’s attorney advised him to take the twelve-year cap, expressing (without guarantee) that the sentence would likely be less than the cap based on the judge’s comments at a dispositional conference.
- Gordon pleaded guilty, understanding via the plea colloquy that a twelve-year sentence was possible.
- Ultimately, the court imposed a twelve-year unsuspended (straight) sentence, and Gordon’s later petitions and appeals centered on claims of ineffective assistance of counsel.
- The post-conviction court denied relief, finding no ineffective assistance; the Maine Supreme Judicial Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance: plea advice | Attorney’s incorrect advice induced plea | Advice was strategic; twelve years was possible | Not deficient; within reasonable professional norm |
| Ineffective assistance: failure to object at sentencing | Counsel should have moved to withdraw Gordon’s plea | No legal basis for objection; plea was knowing | No ineffective assistance; no prejudice shown |
| Plea involuntariness based on expectations | Plea was not knowing/voluntary; induced by judge/attorney | Gordon knew twelve years was possible at plea colloquy | Plea was voluntary and knowing, per record |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)
- State v. Hewey, 622 A.2d 1151 (outline of sentencing procedure in Maine)
- Lafler v. Cooper, 566 U.S. 156 (objectively wrong plea advice as basis for relief)
- Ford v. State, 205 A.3d 896 (Maine’s application of Strickland standard)
- McGowan v. State, 894 A.2d 493 (right to effective counsel under U.S. and Maine Constitutions)
