Lee Davis: Supreme Court Supports Defendants Seeking To Raise Ineffective Assistance Of Counsel Claims

Wednesday, June 5, 2013 - by Lee Davis
Lee Davis
Lee Davis
In a recent 5-4 decision, the Supreme Court decided Trevina v. Thaler to extend a ruling it made last year which allowed prisoners to challenge their state convictions in federal court based on the claim that their attorneys were ineffective.

Last year, the Court considered a case out of Arizona which challenged the state’s law saying that claims of ineffective assistance of counsel had to be raised in a separate post-conviction motion and not in a direct appeal of the original conviction. The problem with this approach is that there is no right to an attorney in the post-conviction motion phase, though there is in the direct appeal phase.
The Supreme Court ruled that federal courts are allowed to hear challenged to Arizona convictions based on ineffective assistance if the defendant had no lawyer in the separate post-conviction challenge.

The Supreme Court said in the Arizona case that by insisting that ineffective assistance of counsel be claimed outside the appeals process where counsel is constitutionally guaranteed, Arizona significantly diminished defendants’ ability to file such a claim.

The new case concerned the Texas criminal justice system which also encourages, though does not require, that such ineffective assistance of counsel claims be raised in separate proceedings and not as a part of a direct appeal. The Supreme Court decided the distinction between Texas and Arizona was unimportant and that the tradition was enough to deprive some defendants of the chance to raise ineffective assistance claims. The Court said that as a matter of practice, the Texas system does not offer most defendants a meaningful chance to present a claim of ineffective assistance of counsel on direct appeal.

Given the recent decision, it seems clear the Court is willing to go great lengths to ensure that defendants have the opportunity to raise ineffective assistance of counsel claims as part of the direct appeals process where they are constitutionally ensured legal representation. 

To read the full opinion, click here

(Lee Davis is a Chattanooga attorney who can be reached at lee@davis-hoss.com or at 266-0605.)




Marissa Bell Joins Waterhouse Public Relations

Waterhouse Public Relations has expanded its team with a new account executive focused on client needs, strategy and media relations. In her seventh year as a communications professional, Marissa Bell brings a range of experience in digital media, broadcasting, public relations and government affairs. “Marissa is a strong addition to our team, bringing with her a deep knowledge ... (click for more)

Burlington Opens New Location In Chattanooga

Burlington Stores is opening a new store in Chattanooga at The Village at Waterside, 2521 Lifestyle Way, on Friday, May 11. The retailer will hold a ribbon cutting at 9:30 a.m. “We are thrilled to open a new Burlington in the Chattanooga community, bringing even more jobs to the neighborhood and providing local residents with a valued shopping experience,” said Tom Kingsbury, ... (click for more)

McCallie Coach From 90s Who Is Now Deceased Is Accused Of Abusing Students

A McCallie School coach from the 1990s who is now deceased is being accused of abusing students at the private prep school. Two former students said Steven Lee "Steve" Carpenter sexually abused them. Carpenter was the basketball coach at McCallie for 11 seasons - through 1999. He was boys basketball coach at Ridgeland High School beginning in 2000. Carpenter was ... (click for more)

Famed Radio Broadcaster Tommy Jett Dies At 77 At His Flintstone Home

Legendary radio broadcaster Tommy Jett (Thomas Wayne Reynolds) died Wednesday in his sleep at his residence in Flintstone, Ga.   He was 77. The native of Smithville, Tn., first was heard on Chattanooga radio in 1961 when he joined WFLI. He was known for his gaudy rings and his "Hey Now" greeting. He switched to country on WDOD in the 1980s and later was on "The Legend" ... (click for more)

Pluses And Minuses Of Tennessee's New Opioid Law

It was clear when Governor Haslam announced his TN Together plan in January that lawmakers were going to do something to try to address the state’s opioid abuse epidemic. With the passage of SB 2257/HB 1831, Tennessee now has one of the most comprehensive and restrictive laws of any state.   The Tennessee Medical Association was actively engaged in the process and appreciates ... (click for more)

Roy Exum: A True Tennessean

“Last week I told some Republican friends who have held high office, traditional and true Republicans, who like you are both conservative and compassionate, Christians in their personal faith and public service,” the email began. “These are Tennessee Republicans that I have known for decades, and whom I'd trust with my life and my wife … I told them that my views and values make ... (click for more)