State v. Harris

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The Supreme Court reversed in part the decision of the court of appeals denying Defendant’s ineffective assistance of counsel claim on appeal, holding that the court erred in finding that Defendant waived his ineffective assistance claim by only including a cursory discussion of ineffective assistance in a footnote.Defendant was convicted of drug offenses. On appeal, the court of appeals held (1) there was sufficient evidence to support the convictions, and (2) Defendant failed to preserve error on his ineffective assistance of counsel claim. On further review, the Supreme Court held that the court of appeals erred in rejecting Defendant’s ineffective assistance claim rather than preserving it for a postconviction relief proceeding. The Court then affirmed the judgment of the district court and instructed that Defendant could bring a separate postconviction relief action based on his ineffective assistance of counsel claim. View "State v. Harris" on Justia Law