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In the end, the court turned down Mr. Emmett's appeal, which had been based on a claim of ineffective counsel.
But both LaGrand and Avena indicate that the availability of a claim of ineffective assistance of counsel is not an adequate remedy for an Article 36 violation.
Hence, if the State provides some other effective remedy, for example, review for prejudice through a claim of ineffective assistance of counsel, then the Convention would not forbid application of ordinary procedural default rules.
While it was pending, the Supreme Court made a ruling in a different case that, for the first time, allowed a federal court to consider a claim of ineffective assistance of counsel.
But the federal appeals court ruling "would create significant unfairness," he said, in any system like Texas' that "does not offer most defendants a meaningful opportunity to present a claim of ineffective assistance of trial counsel" in an appeal.
At the very least, if defense attorneys failed to challenge Hayne's credibility at trial, it seems like their client would have a decent claim of ineffective assistance of counsel.
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State courts rejected Mr. Jones's claims of ineffective legal counsel.
Claims of ineffective assistance at trial are commonplace even though trials take place under a judge's watchful eye.
"The integrity of immigration proceedings depends in part on the ability to assert claims of ineffective assistance of counsel," he said in a statement.
On appeal in 2004, the Michigan Court of Appeals affirmed Thompkins' sentence rejecting his claims of ineffective assistance of counsel, prosecutorial misconduct, and violation of his Miranda rights.
Claims of ineffective assistance of counsel are governed by the Supreme Court's decision in Strickland v. Washington, 466 U.S. 668 (1984).
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com