Carter v. Bordenkircher

Neely, Justice:

This appeal from a partial denial of habeas corpus relief in the Circuit Court of Cabell County presents two questions with regard to effective assistance of counsel, the first arising at the trial stage and the second arising upon appeal. While on the facts presented we find no ineffective assistance at the trial stage, we do find ineffective assistance at the appellate stage. Although we find a technical denial of constitutional rights in that petitioner did not receive a timely appeal, the effect of such denial is so speculative as to entitle the petitioner to no greater…