Lukens v. Franco

CLINGMAN, Justice.

{1} In this appeal of the district court's denial of habeas corpus, Petitioner David Lukens, Jr. claims ineffective assistance of appellate counsel in his direct appeal and requests a new appeal or reversal of his conviction. We consider (1) whether prejudice due to deficient performance of Petitioner's attorney should be presumed or whether Petitioner must prove that actual prejudice occurred on direct appeal and, (2) if there was prejudice, whether the remedy should be a new appeal. Although the performance of Petitioner's appellate counsel on direct appeal (Appellate…