Author Question: Summarize the right to counsel as it applies (or does not apply) in the habeas corpus context. ... (Read 35 times)

Lobcity

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Summarize the right to counsel as it applies (or does not apply) in the habeas corpus context.
 
  What will be an ideal response?

Question 2

As a general rule, the Sixth Amendment right to effective assistance of counsel is violated when the performance of a defendant's trial attorney was deficient.
 
  Indicate whether the statement is true or false



Natalie4ever

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Answer to Question 1

Since habeas corpus is purely discretionary, the Supreme Court has held that no right to counsel exists, unless, of course, the prisoner can afford representation (see Ross v. Moffitt, 417 U.S. 600 1974). The Court has held, however, that federal prisoners have a constitutional right of access to the courts (Bounds v. Smith, 430 U.S. 817 1977).

Answer to Question 2

FALSE COMMENT: must also prejudice the case



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