The Court of Appeals held that counsel's representation, when viewed as a whole, did not constitute ineffective assistance. North Carolina law allows a defendant to file a motion when their attorney provided ineffective counsel.41 You should be aware that in New York, you may not make a claim of ineffective assistance of counsel solely because your lawyer unsuccessfully used a certain. North Carolina has a special category of IAC claims called Harbison claims. A Harbison claim alleges that counsel admitted the defendant's guilt to the jury,. Errors can include ineffective assistance of counsel, an erroneous failure to dismiss charges, erroneous jury instructions, or other errors in matters of law. Under the federal standard, accused people must show that (1) the "identified" attorney error(s) fell below an. If you are in need of North Carolina post-conviction representation, fill out our intake form. Sign up for your daily digest of North Carolina. In a New York claim, courts have said that an Article 440 motion is usually the correct way to raise an ineffective assistance of counsel claim.
