Nelson v. State

OPINION

I. INTRODUCTION

A prisoner applied for post-conviction relief, alleging 35 claims of ineffective assistance of trial counsel. At a deposition trial counsel asserted the Fifth Amendment privilege against self-incrimination regarding his representation of the applicant. The superi- or court ultimately dismissed all but one post-conviction relief claim for failure to establish a prima facie case, and the court of appeals affirmed. The applicant petitioned for our review to determine whether the ordinary presumption of defense counsel's competence applies when counsel invokes the Fifth…