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.)



Street Corner Market At The Clemons Has Grand Opening Wednesday

Street Corner Market at The Clemons will host a grand opening on Wednesday at 9 a.m.   Street Corner Market at The Clemons is at 730 Chestnut St. The 2700 square foot market features fresh produce, craft beer, a deli featuring Boar’s Head Meats, locally roasted Mayfly, Rembrandt’s, and Fleetwood coffees and pastries from the Bluff View Arts District. In addition, ... (click for more)

GDOL To Help Express Employment Professionals Recruit In Lafayette

The Georgia Department of Labor (GDOL) will help Express Employment Professionals, a staffing agency, recruit at least 50 employees for two Rock Spring and one LaFayette locations. The event will be held on  Wednesday, Oct. 12 , from  9 a.m. to 12 p.m.  at the LaFayette Housing Authority located at 300 Oak Street in LaFayette. GDOL staff will be onsite to ... (click for more)

DA Pinkston Files Petition To Declare 2 Gangs A Public Nuisance

District Attorney General Neal Pinkston filed a petition on Monday asking that two Chattanooga gangs, the Gangster Disciples and the Grape Street Crips, and their members be declared public nuisances. General Pinkston is also "asking that injunctive relief be given to the law-abiding residents of East Lake by establishing a Safety Zone that covers most of their neighborhood." ... (click for more)

2 Boaters Die In Suspected Carbon Monoxide Poisoning On Chickamauga Lake

Two boaters and their pet were pronounced dead at the scene of suspected carbon monoxide poisoning on Chickamauga Lake.  Kristy D. James and Mike L. Richardson of Chattanooga were reported missing to the Hamilton County Sheriff’s Office earlier in the day by a concerned family member. The boaters had not been heard from since Saturday. Tennessee Wildlife Resources ... (click for more)

Of Course Gangs Are A Public Nuisance

Now, I don't know it all.  Beginning with my parents, folks of all sorts have been actively pointing out my ignorance for more than seven decades now.  So I'm well aware that I don't know it all.  In recent months I've begun to develop an appreciation for the local work of Mr. Neal Pinkston; I've been impressed with several things he's been doing in his official ... (click for more)

Roy Exum: Arnold Palmer’s Greatness

This is hardly meant to be flippant but I’d be willing to bet I’ve been in the presence of more great people than anyone you know. I’ve never ranked them, or ever dared to wonder who was the greatest, such as Muhammad Ali or Elvis Presley, but there are two traits that those who reach the highest pinnacle have in common. First, not a one of them was any good at what made them famous ... (click for more)