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308 A.3d 228
Me.
2024
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Background

  • 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)
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Case Details

Case Name: Mario Gordon v. State of Maine
Court Name: Supreme Judicial Court of Maine
Date Published: Jan 25, 2024
Citations: 308 A.3d 228; 2024 ME 7; Ken-22-315
Docket Number: Ken-22-315
Court Abbreviation: Me.
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