Ponder v. State

Benham, Justice.

Appellant did not directly appeal his conviction for several offenses committed while in prison, but was granted an out-of-time appeal in a habeas corpus proceeding. Counsel appointed to represent appellant on appeal filed a notice of appeal and took the case to the Court of Appeals. That court, in affirming appellant’s convictions, held that his claims of ineffective assistance were waived because they were raised for the first time on appeal. This court granted certiorari to consider when, in the context of an out-of-time appeal, a claim of ineffective assistance of counsel…