Justice Wayne Ozzi
Cummings moved to vacate his judgment of conviction claiming his plea was not knowing, voluntary or intelligent by reason of a mental disorder, and that counsel coerced a plea from him by misrepresentations. He also alleged ineffective assistance of counsel for failing to obtain his psychiatric records or present medical experts to contradict allegations that he caused his brother, Thomas, spleen injury. Cummings struck Thomas with a tire iron resulting in a head contusion, fractured arm and abdominal pain. Thomas was later rushed to the hospital to undergo surgery for a ruptured spleen. Prosecutors introduced recorded telephone calls made by Cummings in jail admitting his guilt. The court also found Cummings claims of coercion were belied by the record as his plea allocution revealed the contrary, including that he was pleased with the attorney’s services. The court also found there was nothing in the record showing that there was a reasonable probability that, but for the attorney’s errors, Cummings would have insisted on going to trial, especially given the strong case against him. Thus, Cummings’ motion to vacate his judgment of conviction was denied in its entirety.
