Ivie Bowen v. Dale Foltz

Since the record in this case plainly discloses that petitioner’s conviction was obtained through the efforts of appellate counsel which were both unreasonable and prejudicial, our Constitution and the expressed intention of our legislators, 28 U.S.C. § 2254, requires that the writ of habeas corpus be granted.

The Supreme Court has recently affirmed our conclusion that “[a] first appeal as of right ... is not adjudicated in accord with due process of law if the appellant does not have the effective assistance of an attorney.” Evitts v. Lucey, — U.S.-, 105 S.Ct. 830, 836, 83 L.Ed.2d 821 (1985)…