benefit of counsel

(redirected from Ineffective assistance of counsel)
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benefit of counsel

n. having the opportunity to have an attorney and legal advice in any legal matter, but particularly while appearing in court. It may be important if someone makes an appearance or agrees to a contract without benefit of counsel, when a lawyer would be either essential or at least quite valuable.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
In Missouri, there's no clear avenue for detained juveniles to claim ineffective assistance of counsel but they might have one soon, thanks to a case heard by the Missouri Supreme Court on April 23.
"This court will not 'meticulously scrutinize an attorney's reasoned judgment or strategic maneuver in the context of a claim of ineffective assistance of counsel,'" McGuirl wrote.
In 2016, the appellate court reversed and remanded the matter for a third stage evidentiary hearing, finding that the trial court erred in dismissing defendant's claims of ineffective assistance of counsel concerning the handling of medical evidence.
Leopold sought a writ of errorcoram nobis, which Leasure defined as "an extraordinary remedy" only justified when necessary to "achieve justice."He alleged ineffective assistance of counsel and a violation of his right to have a neutral and unbiased judge as a finder of fact.
" Here, even assuming favorably to Tay-Chan that he is correct about the ineffective assistance of counsel, he still has a due-diligence problem: that faulty assistance took place long before he finally moved to reopen his case in 2018 and, as discussed, he offers no account of what he did to diligently pursue his case between the incident of ineffective assistance and ultimately taking action.
A Mecklenburg County man convicted of selling marijuana did not receive ineffective assistance of counsel even though his attorney mistakenly waived his right to receive proper notice that prosecutors planned to raise an aggravating factor during his sentencing, the North Carolina Court of Appeals has ruled.
The court affirmed a man's conviction for distribution of Oxycodone and rejected his claim of ineffective assistance of counsel, finding that although his attorney was twice temporarily suspended while his case was pending, he was afforded licensed counsel at every stage of the proceeding, and he chose to proceed with her in spite of the suspensions.
legitimate claims for ineffective assistance of counsel, relief has
The latest motion is based on "grounds of newly discovered evidence, ineffective assistance of counsel, and actual innocence," according to the Fourth Department's decision released May 4.<br />"We conclude that County Court erred in summarily denying the motion and that defendant is entitled to a hearing with respect to his claims of ineffective assistance of counsel and actual innocence," the panel wrote.<br />"Mr.
"If we accept your argument, it applies everywhere, and it's not limited to ineffective assistance of counsel," Alito said, according to the court's transcript.
The Select Committee on Claims of Ineffective Assistance of Counsel in Termination of Parental Rights Proceedings and The Florida Bar's Appellate Court and Juvenile Court Rules Committees have submitted to the Florida Supreme Court a joint out-of-cycle report offering the Court two sets of amendments to the Florida Rules of Juvenile Procedure and Florida Rule of Appellate Procedure.