Jose S. Chacon v. Tana Wood

Jose Chacon, a former Washington State prisoner, appeals the district court’s denial of his petition for habeas corpus, 28 U.S.C. § 2254 . Chacon claims that his guilty plea was involuntary and that he was denied effective assistance of counsel. Both of these claims center on allegations that a court interpreter deliberately failed to translate trial counsel’s advice fully or accurately to Cha-con. Specifically, Chacon (who claims that he is innocent) alleges that the interpreter vastly understated the probable sentence he would receive if he pleaded guilty, and that he would not have pleaded guilty if he had been fully informed of the consequences. On appeal, Chacon claims that the district court erred in concluding that he failed to exhaust state remedies on his guilty plea claim, as well as in summarily denying his ineffective assistance claim. Chacon filed this appeal in April of 1992, and a prior panel issued a memorandum disposition affirming in October of 1993. See Chacon v. Blodgett, No. 92-35454 (9th Cir. Oct. 22, 1993). However, that panel granted a petition for rehearing on February 14, 1994, and vacated its earlier decision. We heard oral argument on April 7, 1994, and…