A state court hears a case and defendent asks if it were effective. State court of last resort says affective.

Question

Question: A state court hears a criminal felony case and in the appeal from conviction, the defendent raises the question of whether or not his counsel gave effective assistance. The state court of last resort rules that counsel was effective. The defendent may..

A. Appeal the decision to the U.S. District Court
B. not appeal the decision further because it was decided by the court of last resort.
C. not appeal the decision because it didn't involve a right protected by the Constitution.
D. appeal the decision to the federal appellate courts

Answer 1

To appeal to a federal court from a state court of last resort a defendant has to allege a violation of federal statutory law or of the United States Constitution. Ineffective assistance of counsel does rise to the magnitude of a Constitutional violation under the US 6th amendment and the seminal US Supreme Court case on the issue is STRICKLAND. There are 2 ways of appealing the case-direct appeal to the US Supreme Court (uncommon) or collateral appeal via Habeas Corpus. Habeas appeals are initially filed as civil actions against the warden of the prison where the inmate is held. To suceed on a Habeas petition the inmate must show that they have cause under the AEPDA (a federal statute) and that they have been prejudiced in some way. Most Habeas petitions fail to meet both qualifying prongs. Ineffective assistance claims, in particular, are usually futile. None of these multiple choice answers are truly procedurally correct but the most correct answer appears to be A.

Answer 2

Are you confident that those are the single concepts? usually there could be formed pleas court the placement this is first heard. Then this is appealed to the appellate court. Then is going to the state Supremee court and as quickly as this is carried out, if it desires to bypass extra effective, it is going to bypass to the U.S. incredible Corut (to no longer District court or Federal Appellate court docket). in spite of the undeniable fact that, the U.S. incredible court docket can elect no rely if or no longer or to no longer take the case until this is a death or homicide case. Then the court takes it. in case you record interior america District court (this is lowest court on federal point) and then charm to Federal appellate court and from there to the U. S. incredible court. Federal situations are ones the placement there are during state jurisdictions or federal criminal rules broken. In some activities the guy submitting can come to a decision upon the Federal or State court because it will violate each and each federal and state rules. Or violate state law on one concern and then violate federal RICO criminal rules (conspiracy) and can be tried in the two aspects. Prosecutors record for criminal legal situations nonetheless, no longer the aggrieved occasion or sufferer. victims have have been given to record for damages and no longer for violations of the law. So relies upon upon violation of state or federal law. . Closest answer could be C because of the fact the State incredible court is very suitable court docket no rely if it is not a alluring coated via way of shape it might now no longer be appealed. So might remember on what criminal is. If substitute into as quickly as a homicide case, the guy or female has outstanding to appeal as that would desire to deprive them of existence or liberty. this is a confusing question as my first advice was once no longer between the above. yet while analyzing them as quickly as extra -- and continuously attempt this, the single maximum appropriate is C, even th ough does no longer have sufficient know-how as to the legal case to understand. wager ineffective help should not be a Constitutional or federal concern. .

Answer 3

E. appeal to the US Supreme Court.

Answer 4

D