Eubanks v. Commissioner of Correction

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The Supreme Court held that the Appellate Court improperly reached the merits of Petitioner’s claim that his trial counsel rendered ineffective of assistance of counsel in his habeas action.The Appellate Court reversed the judgment of the habeas court denying Petitioner’s petition for a writ of habeas corpus, concluding that Petitioner’s trial counsel rendered ineffective assistance by failing to object to certain testimony on the basis of double hearsay. On appeal, Respondent, the Commissioner of Correction, argued that Petitioner’s claim was unreviewable because Petitioner raised the argument for the first time on appeal. Petitioner disagreed, claiming that defense counsel’s performance was objectively unreasonable under Strickland v. Washington, 466 U.S. 668.The Supreme Court agreed with Respondent, holding that because Petitioner failed to present any evidence or pursue an argument before the habeas court that his counsel’s failure to object on the basis of double hearsay constituted deficient performance, the Appellate Court improperly reached the merits of Petitioner’s claim. View "Eubanks v. Commissioner of Correction" on Justia Law