Legal Opinion

State v. Clawson

Court of Appeals of North Carolina

Decided February 5, 2019No. COA18-57PublishedCited by 1 opinion

1Opinion of the Court

MURPHY, Judge.

Defendant appeals his convictions, contending that his right to counsel under the U.S. Constitution was violated when his counsel rendered ineffective assistance at trial. To establish ineffective assistance of counsel on direct appeal, the cold record must reveal that no further investigation is needed to evaluate trial counsel's conduct and strategy. After a thorough review of the record before us, we conclude further investigation is needed in order to reach the merits of Defendant's claims. Accordingly, we dismiss Defendant's appeal without prejudice to Defendant's right to…

2Cases cited6 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. State v. ThompsonSupreme Court of North Carolina · 2004
  3. State v. BlakeneySupreme Court of North Carolina · 2000
  4. State v. StroudCourt of Appeals of North Carolina · 2001
  5. State v. BucknerSupreme Court of North Carolina · 2000

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3Cited by1 opinion

  1. CLAWSON v. SUPERINTENDENT, EASTERN CORRECTIONAL INSTITUTEDistrict Court, M.D. North Carolina · 2024

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