Jama v. State

OPINION

MINGE, Judge.

Appellant argues in a postconviction petition that he was deprived of a fair trial as a result of his attorney’s ineffective assistance. The state opposes relief, in part, on the ground that the issue could have been raised in appellant’s direct appeal. Because fairness requires review and because appellant did not deliberately and inexcusably fail to raise the issue on direct appeal, he may raise the ineffective-assistance-of-trial-counsel issue in this postconviction proceeding. But because appellant has failed to show that his attorney rendered ineffective assistance,…