People v. Lower

Opinion

GARDNER, P. J.

In this case we wrestle unsuccessfully with the growing problem of the dual attack on adequacy of counsel by both direct appeal and writ of habeas corpus. The present practice presents this issue via both vehicles. This is creating an undue burden on the courts without any resulting benefit to defendants or to the administration of justice.

In this case the contention of inadequacy of counsel was made in the direct appeal. Additionally, the State Public Defender filed a writ of habeas corpus presenting the same issue. Since he made factual allegations which demanded a…