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”
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