Duckson v. State

Because I believe petitioner had a right to the effective assistance of counsel at his parole revocation hearing, and therefore can bring a post-conviction relief (PCR) action, I disagree with the majority’s reasoning. However, since petitioner failed to establish counsel’s ineffectiveness, I concur in result only.

FACTS

Petitioner was convicted of murder in 1969 and sentenced to life imprisonment. He was paroled in 1979, went back to prison in 1984 because of a parole violation, and was paroled again in 1988.

The instant action stems from his 1999 parole revocation. According to the warrant…