TBA Law Blog

Posted by: Brittany Sims on Jun 6, 2013

A recent 5-4 decision by the U.S. Supreme Court extends a ruling it made last year that allowed prisoners to challenge their state convictions in federal court based on the claim that their attorneys were ineffective. The court considered the case Trevina v. Thaler challenging Arizona state 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. According to attorney Lee Davis writing in the Chattanoogan, 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.