“The right to counsel is the right to the effective assistance of counsel”

The Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution provides: “In all criminal prosecutions, the accused shall enjoy the right…to have the Assistance of Counsel for his defense.

The assistance of counsel clause includes five distinct rights: the right to counsel of choice, the right to appointed counsel, the right to conflict-free counsel, the effective assistance of counsel, and the right to represent oneself pro se.

In Florida, a petition alleging ineffective assistance of appellate counsel can be filed in the appellate court to which the appeal was or should have been taken.

The petition should recite the specific acts sworn to by the petitioner or petitioner’s counsel that constitute the alleged ineffective assistance of counsel or basis for entitlement to belated appeal.

A petition alleging ineffective assistance of appellate counsel on direct review shall not be filed more than 2 years after the judgment and sentence becomes final on direct review.

It is Charles decision that his upcoming Habeas Corpus should strictly be on  Ineffective Assistance of Appellate Counsel. He has done a lot of reading and has concluded that he does not want to raise the Ineffective Assistance of Appellate Counsel and Trial Counsel together. He does not want to take the chance of not being able to raise the ineffective assistance of trial counsel on a 3850 Post Conviction Relief.

“The right to counsel is the right to the effective assistance of counsel”

Blog – http://justiceformyson2.com

Email –  justiceformyson2@aol.com

Post Office Address:

                   Justiceformyson2

                   PO Box 70111

                  Tuscaloosa, Alabama 35407

Also Vine, Instagram and Twitter Accounts


3 thoughts on ““The right to counsel is the right to the effective assistance of counsel”

  1. Thank you for sharing, judge hand picked and forced me to take counsel, said was actual attorney later found out was only lie to silence me they were stand by attorneys who did nothing to help our case ! I filed with lawyer regulations, about to appeal Judgement judge made while I was in ER after telling him I could not MEDICALLY continue with trial. Beginning he said I didn’t have the right to pro se! This is not criminal, although they use criminal evidence in jury instructions.

    Liked by 1 person

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s