Is petitioner entitled to federal habeas relief for appellate counsel?
MultiRegion, United States of America
The following excerpt is from Harris v. Gipson, No. 2:13-cv-2604 TLN CKD P (E.D. Cal. 2015):
As to appellate counsel, petitioner has shown neither ineffectiveness nor prejudice. See Jones v. Barnes, 463 U.S. 745, 751 (1983) (indigent defendant has no constitutional right to compel appellate counsel to press nonfrivolous points if counsel, as a matter of professional judgment, decides not to present those points). Thus petitioner is not entitled to federal habeas relief for Claims 10-25.
E. Cumulative Error
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the fact that the appellate counsel failed to identify a potential issue on appeal to the Court of Appeal result in petitioner's untimely filing of his application for federal habeas relief? (MultiRegion, United States of America)
Does the conflict of interest between counsel and habeas petitioner constitute a denial of the petitioner's Sixth Amendment right to counsel? (MultiRegion, United States of America)
Does a habeas petitioner who has defaulted on his federal claims in a state court have to continue to seek relief in a federal court? (MultiRegion, United States of America)
Does a federal habeas petitioner need to exhaust all available state remedies before seeking relief in the federal court? (MultiRegion, United States of America)
Can a federal court grant relief under Section 2254 or Section 2255 of the US Constitution for the purposes of habeas corpus relief on the basis that evidence obtained in an unconstitutional search or seizure was introduced at a state or federal trial? (MultiRegion, United States of America)
Is there a need for a plenary hearing to determine whether a prisoner is entitled to no relief in a federal habeas corpus proceeding? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
What is the effect of the failure of the federal district court to appoint counsel below to assist in handling the federal habeas corpus petition? (MultiRegion, United States of America)
Does the fact that appellant pleaded guilty to a charge of sexual assault in the Superior Court of Justice at the Court of Appeal preclude the appellant from seeking federal relief? (MultiRegion, United States of America)
Can a petitioner obtain federal habeas relief for erroneous jury instructions in a civil case? (MultiRegion, United States of America)
