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,.North Carolina law allows a defendant to file a motion when their attorney provided ineffective counsel. To prevail on a claim of ineffective assistance of counsel, a defendant must first show that his counsel's performance was deficient. On 9 August 2019, the trial court held a hearing on the MAR including both the Eighth Amendment and ineffective assistance of counsel claims. A successful claim of ineffective assistance requires two things. First, your lawyer must have failed to follow professional standards while representing you. The counsel will be a member of the North Carolina State Bar but will not be permitted to engage in the private practice of law;. You can only claim ineffective assistance of counsel after a conviction. The Supreme Court reversed the decision of the court of appeals concluding that Defendant received ineffective assistance of appellate counsel.
