Post-Conviction Relief for Immigrants



 
 

§ 7.74 C. Violations of the Right to Counsel

 
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Perhaps the most fertile grounds on which to vacate a sentence as legally invalid are the denial of the right to counsel and to the effective assistance of counsel.  Such claims are properly raised via a habeas corpus petition or a nonstatutory motion to vacate, or, in federal court, by coram nobis as well.  The right against ineffective assistance of counsel applies at sentence.[209]


[209] Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Mempa v. Rhay, 389 U.S. 128, 134-35, 88 S.Ct. 254, 19 L.Ed.2d 336 (1967) (“the necessity for the aid of counsel in marshaling the facts, introducing evidence of mitigating circumstances and in general aiding and assisting the defendant to present his case as to sentence is apparent”); United States v. Johnson, 935 F.2d 47 (4th Cir. 1991), cert. denied, 112 S.Ct. 609 (1991).

 

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