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John a prison inmate is serving the first 6 months of a 5-year sentence for robbery. He seeks release claiming that he had ineffective counsel because the lawyer assigned to him during the trial graduated from an unaccredited law school (although he passed the bar examination), was last in his class of 75 students, never had a defendant acquitted in 5 years of law practice, and was sometimes under the influence of drugs during the trial. Assume all of these statements are true. You are a federal judge hearing the case. Is John’s claim of ineffective counsel valid or not?
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Ineffective Counsel
In the United States, ineffective assistance from the counsel is an issue that can be raised by a defendant who has been convicted for a given crime. They can do so by suggesting that the ineffectiveness of the counsel led to a sentence that they feel was inappropriate. Assistance of counsel is a legal right that is accorded to criminal defendants during the trial process (Del Carmen, 2016). In the case presented. John is an inmate who is serving a five year sentence for robbery. Since months into the sentence, he has decided to seek release claiming that he received an ineffective counsel.
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